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

Mass. Gen. Laws ch. 151B, § 9 (2026)

Construction and enforcement of chapter; inconsistent laws; exclusiveness of statutory procedure; civil remedies; speedy trial; attorney's fees and costs; damages

✓ current as of July 2026
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Section 9. This chapter shall be construed liberally for the accomplishment of its purposes, and any law inconsistent with any provision of this chapter shall not apply, but nothing contained in this chapter shall be deemed to repeal any provision of any other law of this commonwealth relating to discrimination; but, as to acts declared unlawful by section 4, the administrative procedure provided in this chapter under section 5 shall, while pending, be exclusive; and the final determination on the merits shall exclude any other civil action, based on the same grievance of the individual concerned.

Any person claiming to be aggrieved by a practice made unlawful under this chapter or under chapter one hundred and fifty-one C, or by any other unlawful practice within the jurisdiction of the commission, may, at the expiration of ninety days after the filing of a complaint with the commission, or sooner if a commissioner assents in writing, but not later than three years after the alleged unlawful practice occurred, bring a civil action for damages or injunctive relief or both in the superior or probate court for the county in which the alleged unlawful practice occurred or in the housing court within whose district the alleged unlawful practice occurred if the unlawful practice involves residential housing. The petitioner shall notify the commission of the filing of the action, and any complaint before the commission shall then be dismissed without prejudice, and the petitioner shall be barred from subsequently bringing a complaint on the same matter before the commission. Any person claiming to be aggrieved by an unlawful practice relative to housing under this chapter, but who has not filed a complaint pursuant to section five, may commence a civil action in the superior or probate court for the county in which the alleged unlawful practice occurred or in the housing court within whose district the alleged unlawful practice occurred; provided, however, that such action shall not be commenced later than one year after the alleged unlawful practice has occurred. An aggrieved person may also seek temporary injunctive relief in the superior, housing or probate court within such county at any time to prevent irreparable injury during the pendency of or prior to the filing of a complaint with the commission.

An action filed pursuant to this section shall be advanced for a speedy trial at the request of the petitioner. If the court finds for the petitioner, it may award the petitioner actual and punitive damages. If the court finds for the petitioner it shall, in addition to any other relief and irrespective of the amount in controversy, award the petitioner reasonable attorney's fees and costs unless special circumstances would render such an award unjust. The commission shall, upon the filing of any complaint with it, notify the aggrieved person of his rights under this section.

Any person claiming to be aggrieved by a practice concerning age discrimination in employment made unlawful by section four may bring a civil action under this section for damages or injunctive relief, or both, and shall be entitled to a trial by jury on any issue of fact in an action for damages regardless of whether equitable relief is sought by a party in such action. If the court finds for the petitioner, recovery shall be in the amount of actual damages; or up to three, but not less than two, times such amount if the court finds that the act or practice complained of was committed with knowledge, or reason to know, that such act or practice violated the provisions of said section four. The provisions set forth in the first, second and third paragraphs shall be applicable to such complaint or action to the extent that such provisions do not conflict with the provisions set forth in this paragraph.

Notes of Decisions
Cited in 345 cases (55 in the last 5 years), 1973–2026 · leading case: Stonehill Coll. v. Massachusetts Comm'n Against Discrimination, 808 N.E.2d 205 (Mass. 2004).
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Stonehill Coll. v. Massachusetts Comm'n Against Discrimination, 808 N.E.2d 205 (Mass. 2004). · cites it 16× “15 of the Declaration of Rights of the Massachusetts Constitution entitles plaintiffs with sex discrimination claims filed in the Superior Court pursuant to G. L. c. 151B, § 9, to a trial by jury. Necessarily contained in that request was a corollary issue calling for the…”
Noviello v. City of Boston, 398 F.3d 76 (1st Cir. 2005). · cites it 3× “Mass. Gen. Laws ch. 151B, § 9. This civil suit must be instituted no later than three years after the occurrence of the alleged violation.”
Thurdin v. SEI Boston, LLC, 895 N.E.2d 446 (Mass. 2008). · cites it 6× “, also states that ninety days (but not later than three years) after filing a complaint with the MCAD, a plaintiff may choose to bring an action for damages (actual and punitive) in the Superior Court, Probate and Family Court, or Housing Court. Thus the statute provides an…”
Lowery v. Klemm, 845 N.E.2d 1124 (Mass. 2006). · cites it 6× “4 Although the “broad exclusivity provision” of G. L. c. 151B, § 9, precludes plaintiffs from “recasting” their claims of sexual harassment as common-law claims or violations of other statutes, it permits recovery of actual and punitive damages (as well as reasonable attorney’s…”
Cuddyer v. Stop & Shop Supermarket Co., 750 N.E.2d 928 (Mass. 2001). · cites it 3× “151B, § 5, to claims alleging sexual harassment in the work *534 place, 14 and with the legislative mandate in G. L. c. 151B, § 9, that the “provisions of this chapter shall be construed liberally” in order to eliminate discriminatory conduct and practices.”
Trainor v. HEI Hosp., LLC, 699 F.3d 19 (1st Cir. 2012). · cites it 4× “14, 2011) (citing Mass. Gen. Laws ch. 151B, § 9). HEI responded to the verdict and the multiplication order with a flood of motions.”
Kiely v. Teradyne, Inc., 13 N.E.3d 615 (Mass. App. Ct. 2014). · cites it 11× “The judge also denied Kiely’s motion for attorney’s fees under G. L. c. 151B, § 9, as she was not a “prevailing party.”
Joyce v. Town of Dennis, MA, 720 F.3d 12 (1st Cir. 2013). · cites it 5× “14 Following the verdict, Joyce requested more than $170,000 in attorney’s fees and costs under state law, see Mass. Gen. Laws Ann. ch. 151B, § 9, as well as an injunction ordering the defendants, inter alia, to adopt a policy barring gender-based discrimination.”
Global NAPs, Inc. v. Awiszus, 930 N.E.2d 1262 (Mass. 2010). · cites it 5× “233, 240 (2001), quoting G. L. c. 151B, § 9. [2] See Cormier v. Pezrow New England, Inc.”
Rinsky v. Cushman & Wakefield, Inc., 918 F.3d 8 (1st Cir. 2019). · cites it 2× “On January 15, 2016, Rinsky, then living in Winchester, Massachusetts, filed a complaint in Massachusetts Superior Court, asserting claims against his former employer, C & W, for age discrimination and disability discrimination, both in violation of Mass. Gen. Laws ch. 151B 2 ,…”
Gasior v. Massachusetts Gen. Hosp., 17 Am. Disabilities Cas. (BNA) 1789 (Mass. 2006). · cites it 5× “151B, which both mandates that the provision concerning remedies available to the victims of discrimination be construed liberally for the accomplishment of the statute’s purposes, G. L. c. 151B, § 9, and acts as a deterrent to those employers who engage in invidious…”
Clifton v. Massachusetts Bay Transp. Auth., 815 N.E.2d 614 (Mass. App. Ct. 2004). · cites it 8× “The court also observed that, pursuant to G. L. c. 151B, § 9, “the provisions of this chapter [151B] are to be construed liberally” in *169 order to eliminate discriminatory conduct.”
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