Mass. Gen. Laws » Part I Title IV Chapter 31
Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 21 (2026)

Educational and physical requirements; eligibility based on gender

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 21. The administrator may establish educational requirements and alternatives thereto, in addition to the educational requirements established by statute, as prerequisites for appointment to any civil service position.

The administrator may also establish physical requirements, in addition to those established by statute and rule, as prerequisites for appointment to any civil service position; provided, however, that no applicant shall be discriminated against because he previously suffered from cancer if he is otherwise physically qualified and he signs a waiver of rights to disability benefits with respect to said cancer. The administrator may require an applicant for an original appointment to submit to physical examination prior to such appointment. The administrator may also require an applicant for a promotional appointment to submit a certificate of physical fitness signed by a physician approved by the administrator.

Any person who is unable to meet a physical requirement established by the administrator shall not be disqualified as a result of such inability from applying for and receiving an appointment to a civil service position if such person submits proof, satisfactory to the administrator, that he was injured in the performance of his duties while employed pursuant to a provisional appointment in such position, that he is unable to meet the physical requirements established by the administrator for such position solely because of such injury, and that the injury does not prevent him from performing the duties of such position. Such person shall, however, be subject to all other requirements for appointment to the position.

The administrator may limit eligibility for any examination for an original appointment to either male or female persons if the appointing authority requests such limitation in its requisition. Both male and female persons shall be presumed to be eligible for a promotional appointment to any civil service position; provided, however, that the administrator may limit such eligibility to either male or female persons if the duties and responsibilities of such position require special physical or medical standards or require custody or care of a person of a particular sex. The administrator shall notify the Massachusetts commission against discrimination when it issues a certification with this limitation.

The administrator may limit eligibility to appear on a certification for an original appointment to persons who are fluent in a specified foreign language commonly spoken among the constituency to be served if the appointing authority requests such limitation in its requisition. For public safety departments that have entered into an agreement with the administrator to facilitate alternative pathway appointments under section 59A, at the end of the hiring cycle as defined by such agreement, any appointment to a municipal public safety position that resulted in the non-selection of another candidate entitled to a preference under section 26 and such other candidate would have been appointed but for the limitation of the special certification requiring foreign language fluency, the appointment shall be deemed by the local appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of foreign language fluency yielded an appointment of a candidate not entitled to any statutory preference.

Notes of Decisions
Cited in 18 cases, 1925–2015 · leading case: Stevens v. Campbell, 332 F. Supp. 102 (D. Mass. 1971).
Sort: Relevance Newest Treatment
Stevens v. Campbell, 332 F. Supp. 102 (D. Mass. 1971). · cites it 30× “155, St. 1954, c. 627. The present form of Mass.”
Brackett v. Civil Serv. Comm'n, 447 Mass. 233 (Mass. 2006). “G. L. c. 31, § 21 (allowing HRD to limit eligibility for any examination for original appointment to either men or women “if the duties and responsibilities of such position require special physi *256 cal or medical standards or require custody or care of a person of a…”
Anthony v. Com. of Mass., 415 F. Supp. 485 (D. Mass. 1976). · cites it 2× “Mass.Gen.Laws ch. 31, §§ 21 and 21A then add to the general definition provided in chapter 4.”
Scott v. Comm'r of Civil Serv., 172 N.E. 218 (Mass. 1930). · cites it 3× “This is a petition for a writ of mandamus, to compel the commissioner of civil service to place the petitioner’s name in preferred position upon the eligible list of applicants for service in the fire department of the city of Cambridge, upon the ground that he is a “veteran”…”
Pugsley v. Police Dep't of Boston, 34 N.E.3d 1235 (Mass. 2015). “17 At the time of its request for a female certification, recognizing that the Legislature has provided statutory authority for limiting hiring to male or female candidates in certain circumstances, see G. L. c. 31, § 21, the total number of female officers constituted only…”
Carleton v. Commonwealth, 858 N.E.2d 258 (Mass. 2006). “” G. L. c. 31, § 21, inserted by St. 1978, c.”
Hutcheson v. Dir. of Civil Serv., 281 N.E.2d 53 (Mass. 1972). · cites it 2× “He is a World War II veteran under G.L.c. 31, § 21 (see G.L.c. 4, § 7, Forty-third), and holds a provisional appointment as assistant commissioner for children's services (G.”
Massachusetts Org. of State Engineers & Scientists v. Comm'r of Admin., 557 N.E.2d 1170 (Mass. App. Ct. 1990). “31, § 5(f), which confers the power and duty to establish mandatory standards for civil service positions, and § 18, which requires the personnel administrator to post notices of civil service examinations, including the entrance requirements for the examination.”
Comm'r of Admin. v. Kelley, 215 N.E.2d 653 (Mass. 1966). “The defendant, a veteran as defined in G. L. c. 31, § 21, took office on December 29, 1960, as Director of Personnel and Standardization pursuant to G.”
Greeley v. Civil Serv. Comm'n, 306 N.E.2d 449 (Mass. App. Ct. 1974). · cites it 2× “Whether this military service makes the petitioner a “veteran” for the purposes of the veterans’ preference law turns on the definition of that term in G. L. c. 31, §21 (as amended through St. 1972, c.”
Curry v. City of Cambridge, 217 N.E.2d 740 (Mass. 1966). “The plaintiff is a veteran as defined in G. L. c. 31, § 21, and is otherwise entitled to the protection of c.”
Canty v. City Council of Lawrence, 175 N.E. 481 (Mass. 1931). “This is a petition for a writ of mandamus brought by a veteran within the meaning of G. L. c. 31, § 21, as amended by St. 1924, c.”
Show all 18 citing cases →
— Mass. Gen. Laws ch. 31, § 21(1) — 1 case
Stevens v. Campbell, 332 F. Supp. 102 (D. Mass. 1971). “155, St. 1954, c. 627. The present form of Mass.”
— Mass. Gen. Laws ch. 31, § 21(2) — 1 case
Stevens v. Campbell, 332 F. Supp. 102 (D. Mass. 1971). “155, St. 1954, c. 627. The present form of Mass.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.