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

Mass. Gen. Laws ch. 151C, § 2 (2026)

Unfair practices

✓ current as of July 2026
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Section 2. It shall be an unfair educational practice for an educational institution:—

(a) To exclude or limit or otherwise discriminate against any United States citizen or citizens seeking admission as students to such institution because of race, religion, creed, color or national origin.

(b) To penalize any of its employees or students or any applicant for admission because he has testified, participated or assisted in any proceeding under this section.

(c) To cause to be made any written or oral inquiry concerning the race, religion, color or national origin of a person seeking admission, except that a religious or denominational educational institution which certified to the commission that it is a religious or denominational educational institution may inquire as to the religious or denominational affiliations of applicants for admission.

(d) To exclude, limit or otherwise discriminate against any person seeking admission to a program or course of study leading to a degree, beyond a bachelor's degree, because of race, religion, creed, color, age, sex or national origin, or to so discriminate against any student admitted to such program or course of study in providing benefits, privileges and placement services.

(e) To exclude from admission any student because said student is blind or deaf or requires the use of a dog guide.

(f) To request any information, to make or keep a record of such information, to use any form of application or application blank which requests information or to exclude or limit or otherwise discriminate against any person by reason of his or her failure to furnish information through a written application or oral inquiry or otherwise regarding: (i) an arrest, detention, or disposition regarding any violation of the law in which no conviction resulted or in which a conviction has been vacated, or (ii) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray or disturbance of the peace, or (iii) any conviction of a misdemeanor where such conviction occurred more than five years prior to the date of such application for admission, unless the applicant was sentenced to imprisonment upon conviction of such misdemeanor, or such individual has been convicted of any offense within the five years' period.

(g) To sexually harass students in any program or course of study in any educational institution.

This section is not intended to limit or prevent an educational institution from using any criteria other than race, religion, creed, sex, color or national origin in the admission of students.

Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 1977–2026 · leading case: Doe v. Fournier, 851 F. Supp. 2d 207 (D. Mass. 2012).
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Doe v. Fournier, 851 F. Supp. 2d 207 (D. Mass. 2012). · cites it 5× “Mass. Gen. Laws ch. 151C, § 2 (prohibiting “an educational institution” from engaging in certain unfair practices); id.”
Sch. Comm. of Lexington v. Zagaeski, 12 N.E.3d 384 (Mass. 2014). · cites it 4× “See G. L. c. 151C, § 2 (g) (sexual harassment of student is unfair educational practice); G.”
Luyen Huu Nguyen v. William Joiner Ctr. for the Study of War & Soc. Consequences, 450 Mass. 291 (Mass. 2007). · cites it 3× “The plaintiff clarifies that his claim is under G. L. c. 151C, § 2 (d), which provides: “It shall be an unfair educational practice for an educational institution: — “(d) To exclude, limit or otherwise discriminate against any person seeking admission to a program or course of…”
Harrington ex rel. Harrington v. City of Attleboro, 172 F. Supp. 3d 337 (D. Mass. 2016). · cites it 2× “Plaintiffs allege violations of the Declaration of the Rights of the Commonwealth of Massachusetts against Attleboro and the Ad *341 ministrators (Count V) and violations of Mass. Gen. L. c. 151C, § 2 (Count VI), Mass.”
Doe v. The Williston Northampton Sch., 766 F. Supp. 2d 310 (D. Mass. 2011). · cites it 4× “, Mass. Gen. Laws ch. 151C, § 2(a) (making it unlawful “to exclude or limit or otherwise discriminate against any United States citizen or citizens seeking admission as students to such institution”) (emphasis added).”
Lowery v. Klemm, 845 N.E.2d 1124 (Mass. 2006). “In addition, the statute gives students who are sexually harassed in violation of G. L. c. 151C, § 2 (g), access to the remedial provisions of G.”
Morrison v. N. Essex Cmty. Coll., 780 N.E.2d 132 (Mass. App. Ct. 2002). “*786 LEGAL FRAMEWORK Under G. L. c. 151C, § 2(g), it is an unfair educational practice “[t]o sexually harass students in any program or course of study in any educational institution.”
Comfort Ex Rel. Neumyer v. Lynn Sch. Comm., 283 F. Supp. 2d 328 (D. Mass. 2003). “As yet another example, the 1972 Fair Educational Practices statute, Mass. Gen. Laws ch. 151C, § 2 — which provides, "it shall be an unfair educational practice for an educational institution .”
Sabatini v. Knouse (Mass. 2026). · cites it 5× “214, § 1C, does not permit claims against individuals. Sabatini v. Knouse, 105 Mass.”
Comfort Ex Rel. Neumyer v. Lynn Sch. Comm., 263 F. Supp. 2d 209 (D. Mass. 2003). “As yet another example, the 1972 Fair Educational Practices statute, Mass. Gen. Laws ch. 151C, § 2 — which provides, "it shall be an unfair educational practice for an educational institution .”
Doe No. 3 v. City of Woburn (D. Mass. 2025). · cites it 3× “He further contends that the City engaged in unfair educational practices through the sexually harassing acts of McNeil, in violation of M.G.L. c. 151C, § 2(g) and M.G.L. c. 214, § 1C, and was deliberately indifferent to the sexually hostile educational environment created by…”
Jane Doe No. 991 v. Paul Cheff & Others. (Mass. App. Ct. 2025). · cites it 3× “214, § 1C, sought to remedy a violation of G. L. c. 151C, § 2 (g), which prohibits educational institutions from sexually harassing students.”
Show all 19 citing cases →
— Mass. Gen. Laws ch. 151C, § 2(a) — 1 case
Doe v. The Williston Northampton Sch., 766 F. Supp. 2d 310 (D. Mass. 2011). “, Mass. Gen. Laws ch. 151C, § 2(a) (making it unlawful “to exclude or limit or otherwise discriminate against any United States citizen or citizens seeking admission as students to such institution”) (emphasis added).”
— Mass. Gen. Laws ch. 151C, § 2(g) — 8 cases
Doe v. Fournier, 851 F. Supp. 2d 207 (D. Mass. 2012). “Mass. Gen. Laws ch. 151C, § 2 (prohibiting “an educational institution” from engaging in certain unfair practices); id.”
Doe v. The Williston Northampton Sch., 766 F. Supp. 2d 310 (D. Mass. 2011). “, Mass. Gen. Laws ch. 151C, § 2(a) (making it unlawful “to exclude or limit or otherwise discriminate against any United States citizen or citizens seeking admission as students to such institution”) (emphasis added).”
Harrington ex rel. Harrington v. City of Attleboro, 172 F. Supp. 3d 337 (D. Mass. 2016). “Plaintiffs allege violations of the Declaration of the Rights of the Commonwealth of Massachusetts against Attleboro and the Ad *341 ministrators (Count V) and violations of Mass. Gen. L. c. 151C, § 2 (Count VI), Mass.”
Morrison v. N. Essex Cmty. Coll., 780 N.E.2d 132 (Mass. App. Ct. 2002). “*786 LEGAL FRAMEWORK Under G. L. c. 151C, § 2(g), it is an unfair educational practice “[t]o sexually harass students in any program or course of study in any educational institution.”
Doe No. 3 v. City of Woburn (D. Mass. 2025). “He further contends that the City engaged in unfair educational practices through the sexually harassing acts of McNeil, in violation of M.G.L. c. 151C, § 2(g) and M.G.L. c. 214, § 1C, and was deliberately indifferent to the sexually hostile educational environment created by…”
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