94-348 C.M.R. ch. 3, § 7 - SEPARATE LINES OF PROGRESSION AND SENIORITY SYSTEMS

1. It is unlawful employment discrimination for any employer, employment agency or labor organization to classify any job according to protected class or to maintain separate lines of progression or separate seniority lists based on protected class where this would adversely affect any employee unless justified by a bona fide occupational qualification for that job.

2. A seniority system or line of progression which distinguishes between "light" and "heavy" jobs constitutes unlawful employment discrimination if it operates as a form of classification by protected class, or creates unreasonable obstacles to the advancement by members of a protected class into jobs that those members are capable of performing.

Notes

94-348 C.M.R. ch. 3, § 7