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Massachusetts Workplace Discrimination Laws: Your Rights Under Chapter 151B

Quick Answer: Massachusetts General Laws Chapter 151B prohibits employment discrimination at employers with 6+ employees—broader than federal law (15+). Massachusetts protects more characteristics than federal law, including explicit LGBTQ protections. File with MCAD within 300 days.

Massachusetts provides some of the nation’s strongest discrimination protections.

Massachusetts Discrimination Protections

Chapter 151B

Prohibits discrimination based on:

  • Race
  • Color
  • Religion
  • National origin
  • Ancestry
  • Sex (including pregnancy)
  • Sexual orientation
  • Gender identity
  • Age (40+)
  • Disability
  • Genetic information
  • Military service

Coverage

Chapter 151B applies to:

  • 6+ employee employers
  • State and local governments
  • Employment agencies
  • Labor organizations

Stronger Than Federal

Feature Massachusetts Federal
Employer size 6+ employees 15+ employees
LGBTQ explicit Yes Via Bostock
Gender identity Explicit statute Via Bostock

Protected Characteristics

Race, Color, National Origin, Ancestry

Protected from:

  • Hiring discrimination
  • Termination
  • Harassment
  • Disparate treatment

Sex and Gender

Includes:

  • Sex discrimination
  • Pregnancy discrimination
  • Sexual harassment
  • Gender stereotyping

Sexual Orientation and Gender Identity

Massachusetts explicitly protects:

  • Gay, lesbian, bisexual employees
  • Transgender employees
  • Gender identity since 2011
  • Strong statutory protection

Religion

Protections:

  • Religious beliefs
  • Religious practices
  • Reasonable accommodation

Age (40+)

Protected:

  • Workers 40 and older
  • All employment decisions

Disability

Covers:

  • Physical disabilities
  • Mental disabilities
  • Reasonable accommodation
  • Broader definition than ADA

Additional Classes

Also protected:

  • Genetic information
  • Military service
  • Ancestry

Types of Discrimination

Disparate Treatment

Direct discrimination:

  • Intentional different treatment
  • Based on protected class

Disparate Impact

Indirect discrimination:

  • Neutral policy
  • Disproportionate effect

Harassment

Prohibited:

  • Hostile work environment
  • Quid pro quo
  • Severe or pervasive conduct

Retaliation

Cannot punish for:

  • Filing complaint
  • Participating in investigation
  • Opposing discrimination

Filing Complaints

MCAD (State)

Massachusetts Commission Against Discrimination:

  • Phone: 617-994-6000
  • Boston: Main office
  • Springfield: 413-739-2145
  • Worcester: 508-453-9630
  • New Bedford: 508-990-2390
  • Deadline: 300 days

EEOC (Federal)

Also available:

  • Phone: 1-800-669-4000
  • Boston: 617-565-3200
  • Worksharing with MCAD

Process

Steps:

  1. File complaint within 300 days
  2. MCAD investigates
  3. Probable cause determination
  4. Conciliation or hearing
  5. Appeal or lawsuit option

Common Scenarios

Scenario 1: LGBTQ Discrimination

Situation: Fired after disclosing sexual orientation.

Analysis: Explicitly protected. File MCAD complaint.

Scenario 2: Small Employer (8 Employees)

Situation: Facing discrimination at small company.

Analysis: Chapter 151B covers 6+ employees. Protected.

Scenario 3: Pregnancy Discrimination

Situation: Passed over after announcing pregnancy.

Analysis: Sex discrimination. File MCAD complaint.

Scenario 4: Age-Based Layoff

Situation: Mostly older workers laid off.

Analysis: Pattern may show discrimination. Document ages.

Scenario 5: Disability Accommodation

Situation: Accommodation denied.

Analysis: Must accommodate unless undue hardship.

Remedies Available

MCAD Relief

May obtain:

  • Back pay
  • Front pay
  • Reinstatement
  • Compensatory damages
  • Emotional distress damages
  • Attorney’s fees

Court Damages

May recover:

  • All MCAD remedies
  • Punitive damages in some cases
  • Injunctive relief

Frequently Asked Questions

What employers are covered?

6+ employees for discrimination under Chapter 151B.

Is LGBTQ discrimination illegal?

Yes. Massachusetts explicitly protects sexual orientation and gender identity.

How long do I have to file?

300 days with MCAD.

What’s the difference between MCAD and EEOC?

MCAD is state agency with broader coverage. They workshare complaints.

Can I sue directly in court?

Generally must file with MCAD first, then can seek court action.

Related Topics

Take Action

If facing workplace discrimination:

  1. Document all incidents
  2. Report through proper channels
  3. Note 300-day MCAD deadline
  4. Preserve evidence
  5. Consult employment attorney

Legal Disclaimer

This article provides general information about workplace discrimination in Massachusetts and is not legal advice. For specific advice, consult a licensed Massachusetts employment attorney.

For official information: