Mass. Gen. Laws » Part I Title XXI Chapter 151B
Massachusetts General Laws

Mass. Gen. Laws ch. 151B, § 1 (2026)

Definitions

✓ current as of July 2026
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Section 1. As used in this chapter

1. The term ''person'' includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and the commonwealth and all political subdivisions, boards, and commissions thereof.

2. The term ''employment agency'' includes any person undertaking to procure employees or opportunities to work.

3. The term ''labor organization'' includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

4. The term ''unlawful practice'' includes only those unlawful practices specified in section four.

5. The term ''employer'' does not include a club exclusively social, or a fraternal association or corporation, if such club, association or corporation is not organized for private profit, nor does it include any employer with fewer than six persons in his employ, but shall include an employer of domestic workers including those covered under section 190 of chapter 149, the commonwealth and all political subdivisions, boards, departments and commissions thereof. Notwithstanding the provisions of any general or special law nothing herein shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, and which limits membership, enrollment, admission, or participation to members of that religion, from giving preference in hiring or employment to members of the same religion or from taking any action with respect to matters of employment, discipline, faith, internal organization, or ecclesiastical rule, custom, or law which are calculated by such organization to promote the religious principles for which it is established or maintained.

6. The term ''employee'' does not include any individual employed by his parents, spouse or child.

7. The term ''commission'', unless a different meaning clearly appears from the context, means the Massachusetts commission against discrimination, established by section fifty-six of chapter six.

8. The term ''age'' unless a different meaning clearly appears from the context, includes any duration of time since an individual's birth of greater than forty years.

9. The term ''housing or housing accommodations'' includes any building, structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings.

10. The term ''publicly assisted housing accommodations'' includes all housing accommodations in

(a) housing constructed after July first, nineteen hundred and fifty, and

(1) which is exempt in whole or in part from taxes levied by the commonwealth or any of its political subdivisions;

(2) which is constructed on land sold below cost by the commonwealth or any of its political subdivisions or any agency thereof, pursuant to the federal housing act of nineteen hundred and forty-nine;

(3) which is constructed in whole or in part on property acquired or assembled by the commonwealth or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction; or

(4) for the acquisition, construction, repair or maintenance of which the commonwealth or any of its political subdivisions or any agency thereof supplies funds or other financial assistance;

(b) housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after October first, nineteen hundred and fifty-seven, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof; provided, that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and

(c) housing which is offered for sale, lease or rental by a person who owns or otherwise controls the sale of the same, and which is part of a parcel of ten or more housing accommodations located on land that is contiguous, exclusive of public streets, if (1) the acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is after October first, nineteen hundred and fifty-seven, financed in whole or in part by a loan whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof; provided, that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance; or (2) a commitment issued by a government agency after October first, nineteen hundred and fifty-seven, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof.

11. The term ''multiple dwelling'' means a dwelling which is usually occupied for permanent residence purposes and which is either rented, leased, let or hired out, to be occupied as the residence or home of three or more families living independently of each other. A ''multiple dwelling'' shall not be deemed to include a hospital, convent, monastery, asylum or public institution, or a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. The term ''family'', as used herein, means (a) a person occupying a dwelling and maintaining a household either alone or with not more than four boarders, roomers or lodgers; or (b) two or more persons occupying a dwelling, either living together and maintaining a common household, or living together and maintaining a common household with not more than four boarders, roomers or lodgers. A ''boarder'', ''roomer'' or ''lodger'' residing with a family means a person living within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein.

12. The term ''contiguously located housing'' means (1) housing which is offered for sale, lease or rental by a person who owns or at any time has owned, or who otherwise controls or at any time has controlled, the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), and which housing is located on such land, or (2) housing which is offered for sale, lease or rental and which at any time was one of ten or more lots of a tract whose plan has been submitted to a planning board as required by THE SUBDIVISION CONTROL LAW, as appearing in sections eighty-one K to eighty-one GG, inclusive, of chapter forty-one.

13. The term ''other covered housing accommodations'' includes all housing accommodations not specifically covered under subsections 10, 11 and 12 which are directly or through an agent made generally available to the public for sale or lease or rental, by advertising in a newspaper or otherwise, by posting of a sign or signs or a notice or notices on the premises or elsewhere, by listing with a broker, or by any other means of public offering.

14. The term ''commercial space'' means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof.

15. The term ''housing development'' means multi-apartment units operated as contiguously located housing accommodations.

16. The term ''qualified handicapped person'' means a handicapped person who is capable of performing the essential functions of a particular job, or who would be capable of performing the essential functions of a particular job with reasonable accommodation to his handicap.

17. The term ''handicap'' means: (a) a physical or mental impairment which substantially limits 1 or more major life activities of a person; (b) a record of having such impairment; (c) being regarded as having such impairment; or (d) the lawful possession and clinically appropriate taking of any medication that is: (i) approved by the United States Food and Drug Administration for the treatment of an opioid-related substance use disorder, including, but not limited to, an opioid agonist or a partial opioid agonist and used for the treatment of an opioid-related substance use disorder; (ii) obtained directly or pursuant to a valid prescription or order from a practitioner, as defined in section 1 of chapter 94C; (iii) determined to be medically necessary by a practitioner while acting in the course of professional practice; and (iv) offered in accordance with a treatment plan that is reviewed by a practitioner at a frequency consistent with appropriate clinical standards; provided, however, that the term ''handicap'' shall not include current, illegal use of a controlled substance, as defined in said section 1 of said chapter 94C. For the purposes of this subsection, the words ''clinically appropriate'' shall mean the taking of a prescribed medication for the treatment of an opioid-related substance use disorder when such drug is medically indicated and intake is proportioned to the medical need.

18. The term ''sexual harassment'' shall mean sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.

19. The term ''handicapped person'' means any person who has a handicap.

20. The term ''major life activities'' means functions, including, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

21. The term ''accessible'' means that housing is functional for and can be safely and independently used by a physically or mentally handicapped person and complies with rules or regulations established by the commission.

22. The term ''genetic information'', shall mean any written, recorded individually identifiable result of a genetic test as defined by this section or explanation of such a result or family history pertaining to the presence, absence, variation, alteration, or modification of a human gene or genes. For the purposes of this chapter, the term genetic information shall not include information pertaining to the abuse of drugs or alcohol which is derived from tests given for the exclusive purpose of determining the abuse of drugs or alcohol.

23. The term ''genetic test'', shall mean any tests of human DNA, RNA, mitochondrial DNA, chromosomes or proteins for the purpose of identifying genes or genetic abnormalities, or the presence or absence of inherited or acquired characteristics in genetic material. For the purposes of this chapter, the term genetic test shall not include tests given for the exclusive purpose of determining the abuse of drugs or alcohol.

Notes of Decisions
Cited in 260 cases (28 in the last 5 years), 1962–2026 · leading case: Ocean Spray Cranberries, Inc. v. Massachusetts Comm'n Against Discrimination, 808 N.E.2d 257 (Mass. 2004).
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Ocean Spray Cranberries, Inc. v. Massachusetts Comm'n Against Discrimination, 808 N.E.2d 257 (Mass. 2004). · cites it 6× “He concluded that Rapoza’s impaired vision qualified him as a “handicapped person” under G. L. c. 151B, §§ 1 and 4, and that Ocean Spray had failed to accommodate his handicap, “completely disregard[ing his] requests for help.”
Thurdin v. SEI Boston, LLC, 895 N.E.2d 446 (Mass. 2008). · cites it 8× “” 7 G. L. c. 151B, § 1 (5). The Massachusetts Commission Against Discrimination (MCAD) is the administrative agency that enforces the statute.”
Lowery v. Klemm, 845 N.E.2d 1124 (Mass. 2006). · cites it 9× “588, which added a definition of sexual harassment to G. L. c. 151B, § 1 (18), and declared it an “unlawful practice” for an employer or its agents “to sexually harass any employee,” G.”
Sensing v. Outback Steakhouse of Florida, LLC, 575 F.3d 145 (1st Cir. 2009). · cites it 5× “” Mass. Gen. Laws. ch. 151B, § 1(16). The term “handicap” means “(a) a physical or mental impairment which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment.”
Dahill v. Police Dep't, 11 Am. Disabilities Cas. (BNA) 1377 (Mass. 2001). · cites it 6× “151B, § 4 (16),* *** 5 has a “handicap” as defined by G. L. c. 151B, § 1 (17), 6 if the person’s impairment has been or can be alleviated by the use of corrective devices or other mitigating measures.”
Melnychenko v. 84 Lumber Co., 424 Mass. 285 (Mass. 1997). · cites it 10× “A judge in the Superior Court ruled that Richard Raab, an employee of the defendant corporation at its West Springfield store, engaged in “sexual harassment,” as defined in G. L. c. 151B, § 1 (18), and that it did not matter what Raab’s sexual orientation was or whether Raab…”
City of New Bedford v. Massachusetts Comm'n Against Discrimination, 799 N.E.2d 578 (Mass. 2003). · cites it 6× “The city argues that the decision was “palpably wrong” and “repugnant to [the MCAD’s] purposes and policies,” because Turgeon was not regarded as “handicapped” as that term is defined in G. L. c. 151B, § 1 (17). We agree, and hold that the MCAD’s affirmation of the arbitrator’s…”
Barbuto v. Advantage Sales & Mktg., LLC, 78 N.E.3d 37 (Mass. 2017). · cites it 4× “” G. L. c. 151B, § 1 (19). A “qualified handicapped person” is “a handicapped person who is capable of performing the essential functions of a particular job, or who would be capable of performing the essential functions of a particular job with reasonable accommodation to the…”
Godfrey v. Globe Newspaper Co., 928 N.E.2d 327 (Mass. 2010). · cites it 4× “He contends that he is a qualified handicapped person under G. L. c. 151B, § 1 (16), and that, in violation of G.”
Green v. Wyman-Gordon Co., 12 I.E.R. Cas. (BNA) 333 (Mass. 1996). · cites it 4× “See G. L. c. 151B, § 1 (5). The court nevertheless decided that the plaintiff had a claim under the civil rights act on the rationale that art.”
Mammone v. President & Fellows of Harvard Coll., 847 N.E.2d 276 (Mass. 2006). · cites it 6× “” 3 G. L. c. 151B, § 1 (16). In granting summary judgment, the judge found that the workplace misconduct that led to Mam- *659 mane’s termination was egregious and sufficiently inimical to the interests of his employer that it would have resulted in the termination of a…”
McLaughlin v. City of Lowell, 992 N.E.2d 1036 (Mass. App. Ct. 2013). · cites it 5× “The city asserts that since the third medical panel did not unanimously opine that McLaughlin can perform the essential functions of his former job, he is not a “qualified handicapped person” under G. L. c. 151B, § 1(16), inserted by St. 1983, c.”
Show all 260 citing cases →
— Mass. Gen. Laws ch. 151B, § 1(1) — 9 cases
Thomas O'Connor Constructors, Inc. v. Massachusetts Comm'n Against Discrimination, 893 N.E.2d 80 (Mass. App. Ct. 2008).
Dixon v. Int'l Bhd. of Police Officers, 504 F.3d 73 (1st Cir. 2007).
Sarvis v. Boston Safe Deposit & Trust Co., 711 N.E.2d 911 (Mass. App. Ct. 1999).
Bandera v. City of Quincy, 220 F. Supp. 2d 26 (D. Mass. 2002).
Porio v. Dep't of Revenue, 951 N.E.2d 714 (Mass. App. Ct. 2011).
— Mass. Gen. Laws ch. 151B, § 1(13) — 1 case
Sy v. Massachusetts Comm'n Against Discrimination, 950 N.E.2d 75 (Mass. App. Ct. 2011).
— Mass. Gen. Laws ch. 151B, § 1(16) — 46 cases
McLaughlin v. City of Lowell, 992 N.E.2d 1036 (Mass. App. Ct. 2013). “The city asserts that since the third medical panel did not unanimously opine that McLaughlin can perform the essential functions of his former job, he is not a “qualified handicapped person” under G. L. c. 151B, § 1(16), inserted by St. 1983, c.”
Sensing v. Outback Steakhouse of Florida, LLC, 575 F.3d 145 (1st Cir. 2009). “” Mass. Gen. Laws. ch. 151B, § 1(16). The term “handicap” means “(a) a physical or mental impairment which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment.”
Sch. Comm. v. Massachusetts Comm'n Against Discrimination, 830 N.E.2d 1090 (Mass. App. Ct. 2005).
Blockel v. J.C. Penney Co., 337 F.3d 17 (1st Cir. 2003).
Orell v. UMass Mem'l Med. Ctr., Inc., 203 F. Supp. 2d 52 (D. Mass. 2002).
— Mass. Gen. Laws ch. 151B, § 1(17) — 49 cases
Sensing v. Outback Steakhouse of Florida, LLC, 575 F.3d 145 (1st Cir. 2009). “” Mass. Gen. Laws. ch. 151B, § 1(16). The term “handicap” means “(a) a physical or mental impairment which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment.”
Benoit v. Technical Mfg. Corp., 331 F.3d 166 (1st Cir. 2003).
Valjeanne Currie v. Grp. Ins. Comm'n, 290 F.3d 1 (1st Cir. 2002).
Prescott v. Higgins, 538 F.3d 32 (1st Cir. 2008).
Brader v. Biogen Inc., 983 F.3d 39 (1st Cir. 2020).
— Mass. Gen. Laws ch. 151B, § 1(18) — 38 cases
Salvi v. Suffolk Cnty. Sheriff's Dep't, 855 N.E.2d 777 (Mass. App. Ct. 2006).
Beaupre v. Cliff Smith & Assocs., 738 N.E.2d 753 (Mass. App. Ct. 2000).
Prader v. Leading Edge Prods., Inc., 659 N.E.2d 756 (Mass. App. Ct. 1996).
McDonough v. Smith (In Re Smith), 270 B.R. 544 (Bankr. D. Mass. 2001).
Pettengill v. Curtis, 584 F. Supp. 2d 348 (D. Mass. 2008).
— Mass. Gen. Laws ch. 151B, § 1(18)(6) — 1 case
Ritchie v. Dep't of State Police, 805 N.E.2d 54 (Mass. App. Ct. 2004).
— Mass. Gen. Laws ch. 151B, § 1(18)(a) — 1 case
Dahms v. Cognex Corp., 14 Mass. L. Rptr. 193 (Mass. Super. Ct. 2001).
— Mass. Gen. Laws ch. 151B, § 1(18)(b) — 5 cases
Clifton v. Massachusetts Bay Transp. Auth., 815 N.E.2d 614 (Mass. App. Ct. 2004).
Sivieri v. Commonwealth, Dep't of Transitional Assistance, 21 Mass. L. Rptr. 97 (Mass. Super. Ct. 2006).
Burman v. Boch Oldsmobile, Inc., 3 Mass. L. Rptr. 441 (Mass. Super. Ct. 1995).
Romero v. McCormick & Schmick Restaurant Corp. (D. Mass. 2020).
Dahms v. Cognex Corp., 14 Mass. L. Rptr. 193 (Mass. Super. Ct. 2001).
— Mass. Gen. Laws ch. 151B, § 1(19) — 5 cases
McDonnell v. Certified Eng'g & Testing Co., 899 F. Supp. 739 (D. Mass. 1995).
Ayanna v. Dechert LLP, 840 F. Supp. 2d 453 (D. Mass. 2012).
St. Laurent v. United Parcel Serv., Inc., 416 F. Supp. 2d 212 (D. Mass. 2006).
Kimball, Bennett, Brooslin & Pava v. McGahan, 16 Mass. L. Rptr. 562 (Mass. Super. Ct. 2003).
Perkins v. Flatley, 1 Mass. L. Rptr. 279 (Mass. Super. Ct. 1993).
— Mass. Gen. Laws ch. 151B, § 1(20) — 16 cases
Sensing v. Outback Steakhouse of Florida, LLC, 575 F.3d 145 (1st Cir. 2009). “” Mass. Gen. Laws. ch. 151B, § 1(16). The term “handicap” means “(a) a physical or mental impairment which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment.”
Prescott v. Higgins, 538 F.3d 32 (1st Cir. 2008).
Izzo v. Genesco, Inc., 171 F. Supp. 3d 1 (D. Mass. 2016).
Gil v. Vortex, LLC, 697 F. Supp. 2d 234 (D. Mass. 2010).
O'Brien v. Massachusetts Inst. of Tech., 976 N.E.2d 154 (Mass. App. Ct. 2012).
— Mass. Gen. Laws ch. 151B, § 1(3) — 1 case
Araujo v. UGL Unicco-Unicco Operations, 53 F. Supp. 3d 371 (D. Mass. 2014).
— Mass. Gen. Laws ch. 151B, § 1(5) — 12 cases
Bergeson v. Franchi, 783 F. Supp. 713 (D. Mass. 1992).
Beaupre v. Cliff Smith & Assocs., 738 N.E.2d 753 (Mass. App. Ct. 2000).
Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n, 766 F.2d 932 (6th Cir. 1985).
Lowery v. Klemm, 825 N.E.2d 1065 (Mass. App. Ct. 2005).
Adams v. Massachusetts Dept. of Revenue Child Sup., 510 F. Supp. 2d 157 (D. Mass. 2007).
— Mass. Gen. Laws ch. 151B, § 1(6) — 2 cases
Weston v. Town of Middleborough, 14 Mass. L. Rptr. 323 (Mass. Super. Ct. 2002).
Berghuis v. Univ. of Massachusetts Med. Ctr., 8 Mass. L. Rptr. 362 (Mass. Super. Ct. 1998).
— Mass. Gen. Laws ch. 151B, § 1(7) — 1 case
Commonwealth v. Orian, 19 Mass. L. Rptr. 377 (Mass. Super. Ct. 2005).
— Mass. Gen. Laws ch. 151B, § 1(8) — 16 cases
Woodward v. Emulex Corp., 714 F.3d 632 (1st Cir. 2013).
Wang v. Palmisano, 51 F. Supp. 3d 521 (S.D.N.Y. 2014).
Brownlie v. Kanzaki Specialty Papers, Inc., 691 N.E.2d 953 (Mass. App. Ct. 1998).
Singleton v. Sinclair Broadcast Grp., Inc., 660 F. Supp. 2d 136 (D. Mass. 2009).
Scotti v. Arrow Elec., Inc., 642 N.E.2d 311 (Mass. App. Ct. 1994).
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