Massachusetts — Workplace Discrimination

Massachusetts General Laws Chapter 151B prohibits employment discrimination and is enforced by the Massachusetts Commission Against Discrimination (MCAD). The statute applies to employers with six or more employees, a lower threshold than the federal Title VII requirement of fifteen employees.

Who is an "employee" under Chapter 151B?

Under M.G.L. c. 151B § 1(6), certain individuals are categorically excluded from the definition of "employee" for all purposes under the statute—not merely for purposes of the six-employee threshold. Specifically, "employee" does not include "any individual employed by his parents, spouse or child." As a result, these family-employed individuals are not protected by Chapter 151B’s anti-discrimination provisions, nor are they counted toward meeting the six-employee threshold.

Government employers are covered regardless of size.

Source: M.G.L. c. 151B §§ 1, 4

Chapter 151B prohibits employment discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy or pregnancy condition, ancestry, veteran status, age (40 or older), disability, and military service. Massachusetts protects a broader set of characteristics than federal Title VII, which does not cover gender identity, sexual orientation, genetic information, or ancestry as distinct protected classes.

Source: M.G.L. c. 151B; MCAD Harassment Guidelines

Massachusetts General Laws Chapter 151B, Section 4(1E), enacted as the Pregnant Workers Fairness Act and effective April 1, 2018, requires employers with six or more employees to provide reasonable accommodations for pregnancy and any condition related to pregnancy, including lactation and the need to express breast milk for a nursing child. This obligation extends beyond federal law, which does not mandate affirmative accommodation for pregnancy except where pregnancy creates a disability under the ADA.

Reasonable accommodation obligation

An employer must provide a reasonable accommodation for an employee's pregnancy or pregnancy-related condition upon request unless the employer demonstrates that the accommodation would impose an undue hardship on the employer's program, enterprise, or business. "Undue hardship" means the accommodation would cause the employer significant difficulty or expense. The statute explicitly covers post-pregnancy conditions, including lactation and breast milk expression.

The employer and employee must engage in a timely, good-faith interactive process to determine an effective reasonable accommodation that enables the employee to perform the essential functions of the job. Reasonable accommodations may include more frequent breaks, seating, modified duties, job restructuring, private lactation space, or other workplace adjustments.

Medical documentation — four per se exceptions

An employer may require documentation from an "appropriate health care or rehabilitation professional" to support an accommodation request. The statute defines such professionals broadly to include medical doctors (including psychiatrists), psychologists, nurse practitioners, physician assistants, psychiatric clinical nurse specialists, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, midwives, and lactation consultants.

However, an employer cannot require medical documentation if the accommodation requested is for:

1. More frequent restroom, food, or water breaks;
2. Seating;
3. Limits on lifting no more than 20 pounds; or
4. Private, non-bathroom space for expressing breast milk.

An employer may require documentation for an extension of the accommodation beyond the originally agreed-to accommodation.

Prohibited practices

Under Section 4(1E), an employer cannot:

• Require a pregnant employee to accept a particular accommodation, or to begin disability or parental leave, if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship;
• Refuse to hire a pregnant job applicant (or applicant with a pregnancy-related condition) because of the pregnancy or condition, if the applicant is capable of performing the essential functions of the position with a reasonable accommodation; or
• Deny an employment opportunity or take adverse action against an employee because of the employee's request for or use of a reasonable accommodation for pregnancy or a pregnancy-related condition.

Written notice requirement

Employers must distribute written notice of the right to be free from discrimination in relation to pregnancy or a pregnancy-related condition, including the right to reasonable accommodations. The notice must be provided:

• To all employees in a handbook, pamphlet, or other means of notice;
• To new employees at or prior to the commencement of employment; and
• To any employee who notifies the employer of a pregnancy or pregnancy-related condition, within 10 days of such notification.

The MCAD Guidance on the Pregnant Workers Fairness Act may be used to fulfill the notice requirement.

The Act does not preempt or diminish coverage for pregnancy or pregnancy-related conditions under other Massachusetts laws, including Section 105D of Chapter 149 (which separately requires private lactation space).

Source: M.G.L. c. 151B § 4(1E); MCAD Guidance on the Pregnant Workers Fairness Act

Under Massachusetts General Laws Chapter 151B, an employee alleging workplace discrimination must file a verified complaint with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the alleged discriminatory act. This 300-day period is measured from the last date on which the discriminatory act occurred—not the date it was discovered—emphasizing the importance of timely filing.

Strict statutory window — 300 days

• The 300-day deadline is set by statute (M.G.L. c. 151B § 5) and interpreted strictly: late filings are generally dismissed for lack of jurisdiction. The MCAD website and the statute are in alignment on this point.

Exceptions and tolling provisions

• Equitable tolling (where the deadline may be paused due to extraordinary circumstances) is sometimes raised by claimants. However, Massachusetts courts have held that MCAD’s own regulations do not confer the agency authority to extend the 300-day period; only the courts may apply equitable tolling, and then only under narrow circumstances such as fraud or active concealment by the employer.
• The involvement of a union grievance procedure does not toll the deadline; a charge must still be filed within 300 days independent of any collective bargaining process.
• If a pattern or practice of discrimination is ongoing (a "continuing violation"), the 300-day period may run from the last act in the discriminatory series—but discrete acts (such as a termination) are individually actionable only within their own 300-day window.

For timely filings, MCAD will investigate and, if it finds probable cause, allow the case to move forward. Late complaints are dismissed unless a valid equitable exception is recognized by a reviewing court.

Source: M.G.L. c. 151B § 5; MCAD "Deadline for filing a complaint of discrimination"; MCAD Rules of Procedure, 804 CMR 1.04

Massachusetts General Laws Chapter 151B, § 4(16) requires employers with six or more employees to provide reasonable accommodation to qualified persons with disabilities (the statutory term—updated from "handicapped person" by the Acts of 2026) who can perform the essential functions of a job with or without reasonable accommodation.

Employer duty and scope An employer must make reasonable accommodation to the known physical or mental limitations of an otherwise qualified employee or job applicant with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the conduct of its business. This duty is triggered when the employee or applicant puts the employer on notice of the need for accommodation.

Undue hardship – statutory factors "Undue hardship" means more than a minor inconvenience or expense; the burden must be significant. Statutory factors include the nature and cost of the accommodation, the employer's overall financial resources, the number of persons employed, the effect on expenses and resources, the structure of the workplace, and the type of operations. These generally mirror federal ADA factors, though Massachusetts law may diverge in application. There is no fixed threshold.

Interactive process Employers and employees must engage in a timely, good faith interactive process to identify effective, reasonable accommodations. A failure to participate in this process on either side may itself constitute a violation, even if ultimately a reasonable accommodation was possible. Employers may require documentation to substantiate the need for accommodation, but the request must be limited to information necessary for the evaluation, and state law on medical privacy applies.

These requirements are enforced by the Massachusetts Commission Against Discrimination (MCAD), which provides published guidance. The 2026 terminology revision does not alter the scope of these obligations—employers must comply with all requirements as before, now using the modern language.

Source: M.G.L. c. 151B § 4(16); Acts of 2026, Ch. 102; MCAD - Disability Discrimination in the Workplace

All employers subject to Massachusetts General Laws Chapter 151B—that is, those employing six or more persons—must adopt and distribute a written sexual harassment policy under M.G.L. c. 151B, § 3A. Section 1 defines “employer” to exclude any employer with fewer than six persons.

Key requirements under § 3A(b): Employers must:

• Adopt a policy against sexual harassment that includes:

1. A statement that sexual harassment in the workplace is unlawful;
2. A statement that it is unlawful to retaliate against an employee for filing or cooperating in a sexual harassment complaint;
3. A description and examples of sexual harassment;
4. A statement of the range of possible consequences for employees found to have committed sexual harassment;
5. Details on the process for filing internal complaints, including work addresses and telephone numbers of person(s) to whom complaints should be made; and
6. The identity of the appropriate state and federal discrimination enforcement agencies, and directions for how to contact those agencies.

• Provide annually to all employees an individual written copy of the policy; a new hire must receive it at the time of employment.

Additional notes (promotional materials but not required): Section 3A(c) authorizes MCAD to prepare a model policy and poster; employers may use them. Section 3A(e) “encourages” education and training for employees (within one year of hire) and for supervisors/managers, but this training is not mandatory for the six-or-more-employees threshold.

If you run an employer with six or more people, you must have a written sexual harassment policy that explicitly says harassment is illegal, warns about retaliation, explains what harassment looks like, outlines consequences, tells people how to complain internally (with contact info), and points to MCAD/EEOC. You have to hand every employee their own copy at least once a year—and give it to each new hire on day one. You can use a model from MCAD and can train people, but policy and distribution are the non-optional pieces required by statute.

Source: M.G.L. c. 151B, § 1 (definition of "employer"); M.G.L. c. 151B, § 3A (policy requirements)