Massachusetts LGBTQ Workplace Discrimination Laws

Quick Answer: Massachusetts explicitly protects LGBTQ workers under Chapter 151B. Sexual orientation has been protected since 1989 and gender identity since 2011. Massachusetts was a pioneer in LGBTQ employment protections. Covers employers with 6+ employees. File with MCAD within 300 days.

Massachusetts provides strong, longstanding LGBTQ protections.

Massachusetts LGBTQ Protections

Chapter 151B

Explicitly protects:

• Sexual orientation (since 1989)
• Gender identity (since 2011)
• At 6+ employee employers

Pioneer State

Massachusetts:

• One of first states with LGBTQ protection
• Sexual orientation added 1989
• Gender identity added 2011
• Strong enforcement history

Federal Title VII

Also provides:

• Post-Bostock protection
• 15+ employees
• Works with state law

What's Protected

Sexual Orientation

Includes:

• Gay employees
• Lesbian employees
• Bisexual employees
• Perceived orientation

Gender Identity

Includes:

• Transgender employees
• Non-binary employees
• Gender non-conforming
• Transitioning employees

Protected Activities

Cannot be penalized for:

• Coming out
• Transitioning
• Discussing orientation
• Supporting LGBTQ causes

What's Prohibited

Hiring

Cannot:

• Ask about orientation
• Refuse hire based on LGBTQ status
• Consider gender identity

Workplace Treatment

Cannot:

• Fire based on LGBTQ status
• Harass LGBTQ employees
• Deny promotions
• Treat differently

Harassment

Prohibited:

• Anti-LGBTQ slurs
• Hostile environment
• Misgendering
• Outing employees

Filing Complaints

MCAD (State)

Massachusetts Commission Against Discrimination:

• Phone: 617-994-6000
• Deadline: 300 days
• Strong enforcement

EEOC (Federal)

Also available:

• Phone: 617-565-3200
• Workshares with MCAD

Common Scenarios

Scenario 1: Fired After Coming Out

Situation: Terminated after disclosing orientation.

Analysis: Explicitly protected since 1989. File MCAD.

Scenario 2: Transitioning Employee

Situation: Hostile treatment after announcing transition.

Analysis: Gender identity protected since 2011. Document and file.

Scenario 3: Small Employer

Situation: Work for 8-person company.

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

Scenario 4: Harassment

Situation: Coworkers use slurs, employer ignores.

Analysis: Must address harassment. File MCAD if not.

Remedies Available

MCAD Relief

May obtain:

• Back pay
• Compensatory damages
• Emotional distress
• Attorney's fees

Frequently Asked Questions

Is sexual orientation protected?

Yes. Since 1989 under Chapter 151B.

Is gender identity protected?

Yes. Since 2011 under Chapter 151B.

What employers are covered?

6+ employees.

How long to file?

300 days with MCAD.

Related Topics

• Massachusetts Workplace Discrimination
• Massachusetts Sex Discrimination
• Massachusetts Employment Law Hub

Take Action

If facing LGBTQ discrimination:

1. Document incidents
2. Report to HR
3. Note 300-day deadline
4. File MCAD complaint
5. Consult attorney

Legal Disclaimer

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

For official information:

• MCAD: https://www.mass.gov/orgs/mcad | 617-994-6000