Massachusetts has long been at the forefront of civil rights, and its primary anti-discrimination law, Massachusetts General Laws Chapter 151B (MGL c. 151B), reflects this commitment. This powerful statute provides broad protections against discrimination in various areas, including housing, public accommodations, credit, and significantly, employment. For workers and employers in the Commonwealth, understanding Chapter 151B – including the duty to provide reasonable accommodations – is crucial for ensuring a fair and lawful workplace.
What is Chapter 151B?
Enacted to eliminate and prevent discrimination, MGL c. 151B makes it illegal for covered employers in Massachusetts to make employment decisions based on an individual's membership in certain protected categories. It also mandates that employers provide reasonable accommodations for certain protected needs, unless doing so would impose an undue hardship. It goes beyond federal anti-discrimination laws in several key respects, often offering wider protections to Massachusetts workers.
Who is Protected?
Chapter 151B prohibits employment discrimination based on the following protected classes:
- Race
- Color
- Religious Creed (includes the right to reasonable accommodation for religious practices)
- National Origin
- Ancestry
- Sex (This includes pregnancy, childbirth, related medical conditions, lactation, and gender identity – pregnancy and lactation also trigger rights to reasonable accommodation)
- Sexual Orientation
- Age (40 and older)
- Genetic Information
- Disability (referred to as "handicap" in the statute)
- Military Status/Veteran Status
It's important to note that the interpretation and application of these categories can evolve through legislation and court decisions.
Which Employers are Covered?
Chapter 151B applies to employers with six or more employees within Massachusetts. This is a lower threshold than federal laws like Title VII of the Civil Rights Act of 1964 (which applies to employers with 15 or more employees), meaning more small businesses in Massachusetts are subject to state anti-discrimination law.
What Types of Actions are Prohibited?
Under Chapter 151B, covered employers cannot discriminate based on a protected characteristic in any term, condition, or privilege of employment. This includes, but is not limited to:
- Hiring: Refusing to hire someone based on their protected status.
- Firing/Discharge: Terminating an employee due to their protected status.
- Compensation: Paying employees differently based on protected status for similar work.
- Promotion and Advancement: Denying promotions or opportunities based on protected status.
- Job Assignments and Transfers: Making assignments or transfer decisions based on protected status.
- Training: Denying access to training based on protected status.
- Benefits: Discriminating in the provision of fringe benefits.
- Harassment: Creating or permitting a hostile work environment based on a protected characteristic (e.g., racial slurs, unwelcome sexual advances, derogatory comments about age or disability). Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
- Failure to Accommodate: Refusing or failing to provide a legally required reasonable accommodation for an employee's known disability, sincerely held religious beliefs/practices, or pregnancy/lactation-related needs, unless doing so would cause an undue hardship to the employer.
- Retaliation: Taking adverse action (like firing, demoting, harassing) against an employee for opposing discriminatory practices, requesting a reasonable accommodation, filing a discrimination complaint, testifying, or assisting in an investigation under Chapter 151B.
Reasonable Accommodation: An Employer's Obligation
A key component of Chapter 151B is the requirement for employers to provide reasonable accommodations. This means making necessary adjustments or modifications to the job, work environment, or application process to enable a qualified individual to perform the essential functions of their job or enjoy equal employment opportunities. This obligation primarily applies in three contexts:
- Disability (Handicap): Employers must provide reasonable accommodations for the known physical or mental limitations of an otherwise qualified applicant or employee with a disability.
- Religion: Employers must reasonably accommodate the sincerely held religious beliefs and practices of an employee (e.g., observance of holy days, grooming requirements), unless doing so would impose an undue hardship.
- Pregnancy, Childbirth, and Lactation: Under provisions often linked to or within Chapter 151B (like the Massachusetts Pregnant Workers Fairness Act), employers must provide reasonable accommodations related to pregnancy, childbirth, associated medical conditions, and lactation needs (e.g., more frequent breaks, modified duties, private lactation space).
The Interactive Process and Undue Hardship:
- Interactive Process: When an employee requests an accommodation (or the need is obvious), the employer and employee are expected to engage in a good-faith "interactive process." This is a dialogue to clarify the individual's needs and identify potential effective accommodations.
- Examples of Accommodations: These can vary widely and might include modified work schedules, assistive technology or devices, adjustments to workplace policies, job restructuring, unpaid leave, or reassignment to a vacant position.
- Undue Hardship: An employer is not required to provide an accommodation if doing so would impose an "undue hardship" on the operation of the business. This is determined case-by-case, considering factors like the nature and cost of the accommodation, the employer's financial resources, the size and structure of the business, and the impact on operations. It is generally a high bar for employers to meet.
Failure to engage in the interactive process or provide a necessary reasonable accommodation (absent undue hardship) is considered a form of discrimination under Chapter 151B.
Enforcement: The Massachusetts Commission Against Discrimination (MCAD)
The primary enforcement agency for Chapter 151B is the Massachusetts Commission Against Discrimination (MCAD).
- Filing a Complaint: Individuals who believe they have experienced employment discrimination (including failure to accommodate) must file a formal complaint with the MCAD within 300 days of the alleged discriminatory act. This is a strict deadline.
- Investigation: The MCAD will investigate the complaint. This may involve gathering documents, interviewing witnesses, and potentially holding an investigative conference.
- Determination: Following the investigation, the MCAD will issue a determination – either finding "Probable Cause" to credit the allegations or "Lack of Probable Cause." That determination hinges upon whether the MCAD has found sufficient evidence to support a preliminary conclusion that unlawful discrimination may have occurred.
- Mediation/Hearing/Court: If Probable Cause is found, the MCAD will typically attempt mediation. If mediation fails, the case may proceed to a public hearing before an MCAD Hearing Officer or, alternatively, the complainant may elect (within a specific time frame) to remove the case to state court.
Remedies Under Chapter 151B
Massachusetts law allows for significant remedies for victims of discrimination, potentially including:
- Provision of the requested reasonable accommodation
- Hiring, reinstatement, or promotion
- Back pay (lost wages and benefits)
- Front pay (compensation for future lost earnings)
- Emotional distress damages
- Punitive damages (intended to punish the employer for egregious conduct)
- Attorneys' fees and costs
The availability of emotional distress and punitive damages, makes Chapter 151B a particularly potent tool for employees compared to some federal counterparts.
Key Takeaways for Employees and Employers
- Broad Protections & Obligations: Chapter 151B offers extensive protections covering a wide range of characteristics, applies to employers with six or more employees, and includes the affirmative duty to provide reasonable accommodations.
- Interactive Process is Key: Employers must engage in good-faith dialogue regarding accommodation requests.
- Strict Timelines: The 300-day deadline to file with the MCAD is critical for employees seeking redress.
- Harassment and Retaliation Prohibited: The law explicitly prohibits workplace harassment and protects employees who report discrimination or request accommodation.
- Significant Consequences: Employers face substantial liability if found in violation. Proactive compliance, including clear anti-discrimination and accommodation policies and training, is essential.
Chapter 151B underscores Massachusetts' commitment to equal opportunity and access in the workplace. Both employees and employers should be familiar with its requirements to foster workplaces free from unlawful discrimination and where necessary accommodations are provided.
This content is for general informational purposes only, not legal advice. For assistance with your specific legal needs, please consult with one of our attorneys.