Massachusetts General Laws

Mass. Gen. Laws ch. 151C, § 1 (2026)

Definitions

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

(a) The word ''commission'' means the Massachusetts Commission Against Discrimination, established by section fifty-six of chapter six.

(b) The term ''educational institution'' means any institution for instruction or training, including but not limited to secretarial schools, business schools, academies, colleges, universities, primary and secondary schools, which accepts applications for admission from the public generally and which is not in its nature distinctly private, except that nothing herein shall be deemed to prevent a religious or denominational educational institution from selecting its students exclusively from adherents or members of such religion or denomination or from giving preference in such selection to such adherents or members.

(c) The term ''religious or denominational educational institution'' shall include any educational institution, whether operated separately, or as a department of, or school within the university, and which is operated, supervised or controlled by religious or denominational organizations, or in which the courses of instruction lead primarily to the degree of bachelor, master or doctor of theology, and which has so certified to the commission that it is so operated, supervised or controlled.

(d) The term ''vocational training institution'' shall include any educational institution the primary purpose of which is to offer technical, agricultural, business or trade courses or courses of study leading to employment in recognized trades or occupations.

(e) The term ''sexual harassment'' means any sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:— (i) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's education by creating an intimidating, hostile, humiliating or sexually offensive educational environment.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1997–2026 · leading case: Lowery v. Klemm, 845 N.E.2d 1124 (Mass. 2006).
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Lowery v. Klemm, 845 N.E.2d 1124 (Mass. 2006). · cites it 7× “151C to include a definition of sexual harassment, see G. L. c. 151C, § 1 (e), and made it “an unfair educational practice .”
Morrison v. N. Essex Cmty. Coll., 780 N.E.2d 132 (Mass. App. Ct. 2002). · cites it 3× “The facts we have described establish continuing violations that support the plaintiffs’ hostile educational environment claims, viable under G. L. c. 151C, § 1 (e)(ii), as well as Title IX.”
Doe v. Fournier, 851 F. Supp. 2d 207 (D. Mass. 2012). “” Mass. Gen. Laws ch. 151C, § 1(b). According to Defendants, students who reside in the Town of Palmer attend its public schools, including Palmer High School, as a matter of right, and the school does not “accept applications” for admission, as the statute requires.”
Sch. Comm. of Lexington v. Zagaeski, 12 N.E.3d 384 (Mass. 2014). “See G. L. c. 151C, § 1 (e). Moreover, citizens of this Commonwealth, including public school students, have a constitutional right to be free from gender-based discrimination, which includes certain forms of sexual harassment.”
Vicarelli v. Bus. Int'l, Inc., 973 F. Supp. 241 (D. Mass. 1997). “That definition incorporates the meaning of sexual harassment as it appears in Chapter 151B § 1(18) and in Mass. Gen. L. c. 151C § 1(e) (“Chapter 151C § 1(e)”).”
Lowery v. Klemm, 825 N.E.2d 1065 (Mass. App. Ct. 2005). “The Act also added a definition of sexual harassment to G. L. c. 151C, §§ 1 and 2 (the Fair Educational Practices Act, or FEPA), making it an unlawful practice in the educational environment for an employer, personally, or through its agents subject to FEPA, to sexually harass…”
Awad v. Cutone (D. Mass. 2021). · cites it 2× “” Mass. Gen. Laws ch. 151C, § 1. A college or state university, however, is an “educational institution” rather than a “vocational training institution.”
Doe v. Town of Stoughton (D. Mass. 2020). “” M. G. L. c. 151C, § 1(e). A person “seeking admission as a student to any educational institution, or enrolled as a student in a vocational training institution, who claims to be aggrieved by an alleged unfair educational practice,” may file a petition with the MCAD, and may…”
David M. Sabatini v. Kristin a. Knouse & Others (Mass. App. Ct. 2025). “" G. L. c. 151C, § 1 (e). [21] The defendants' requests for attorney's fees are denied.”
Sabatini v. Knouse (Mass. 2026). “151C, adding a definition of "sexual harassment" in the academic context, G. L. c. 151C, § 1 (e), see note 5, infra, and making it an "unfair educational practice for an educational institution .”
— Mass. Gen. Laws ch. 151C, § 1(b) — 1 case
Doe v. Fournier, 851 F. Supp. 2d 207 (D. Mass. 2012). “” Mass. Gen. Laws ch. 151C, § 1(b). According to Defendants, students who reside in the Town of Palmer attend its public schools, including Palmer High School, as a matter of right, and the school does not “accept applications” for admission, as the statute requires.”
— Mass. Gen. Laws ch. 151C, § 1(e) — 3 cases
Morrison v. N. Essex Cmty. Coll., 780 N.E.2d 132 (Mass. App. Ct. 2002). “The facts we have described establish continuing violations that support the plaintiffs’ hostile educational environment claims, viable under G. L. c. 151C, § 1 (e)(ii), as well as Title IX.”
Vicarelli v. Bus. Int'l, Inc., 973 F. Supp. 241 (D. Mass. 1997). “That definition incorporates the meaning of sexual harassment as it appears in Chapter 151B § 1(18) and in Mass. Gen. L. c. 151C § 1(e) (“Chapter 151C § 1(e)”).”
Doe v. Town of Stoughton (D. Mass. 2020). “” M. G. L. c. 151C, § 1(e). A person “seeking admission as a student to any educational institution, or enrolled as a student in a vocational training institution, who claims to be aggrieved by an alleged unfair educational practice,” may file a petition with the MCAD, and may…”
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