Section 102. (a) All persons within the commonwealth, regardless of sex, race, color, creed or national origin, shall have, except as is otherwise provided or permitted by law, the same rights enjoyed by white male citizens, to make and enforce contracts, to inherit, purchase, to lease, sell, hold and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) A person whose rights under the provisions of subsection (a) have been violated may commence a civil action for injunctive and other appropriate equitable relief, including the award of compensatory and exemplary damages. Said civil action shall be instituted either in the superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which the person whose conduct complained of resides or has his principal place of business.
(c) A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that any individual is denied any of the rights protected by subsection (a).
(d) An aggrieved person who prevails in an action authorized by subsection (b), in addition to other damages, shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.
Notes of Decisions
Thurdin v. SEI Boston, LLC, 895 N.E.2d 446 (Mass. 2008).
· cites it 18× “151B, because the employer had fewer than six employees, may instead assert a claim under G. L. c. 93, § 102, one of the provisions of the Massachusetts Equal Rights Act (MERA).”
Weber v. Cmty. Teamwork, Inc., 752 N.E.2d 700 (Mass. 2001).
· cites it 5× “, a member *763 of CTI’s board of directors, alleging discrimination on the basis of sex and sexual orientation, breach of contract, unlawful interference with contractual relations, retaliatory discrimination, wrongful termination in violation of public policy, and a violation…”
Lopez v. Commonwealth, 978 N.E.2d 67 (Mass. 2012).
· cites it 4× “The complaint also alleges that the division violated G. L. c. 93, § 102, which provides in relevant part that all persons shall have the same rights to make and enforce contracts as those enjoyed by “white male citizens.”
Ellis v. Saf. Ins., 672 N.E.2d 979 (Mass. App. Ct. 1996).
· cites it 4× “214, § IB (Count V), and violated their civil rights contrary to G. L. c. 93, § 102 (Count VI). The defendants moved for summary judgment on all counts pursuant to Mass.”
Currier v. Nat'l Bd. of Med. Examiners, 462 Mass. 1 (Mass. 2012).
· cites it 4× “12, §§ 11H, 111; (3) the Massachusetts Equal Rights Act (equal rights act), G. L. c. 93, § 102; and (4) the Massachusetts public accommodation discrimination statute (public accommodation statute), G.”
Butler v. RMS Tech., Inc., 741 F. Supp. 1008 (D. Mass. 1990).
· cites it 6× “12, § 111, and M.G.L. c. 93, § 102. The defendant has moved to dismiss the § 1981 and state law claims.”
Dalis v. Buyer Advert., Inc., 636 N.E.2d 212 (Mass. 1994).
· cites it 3× “(defendant), alleging violations of G. L. c. 93, § 102 (1992 ed.) (equal rights act); G.”
Pielech v. Massasoit Greyhound, Inc., 804 N.E.2d 894 (Mass. 2004).
· cites it 3× “151B, § 4 [1A]), violation of the Massachusetts Equal Rights Act (G. L. c. 93, § 102), and intentional and negligent infliction of emotional distress.”
Mass. Gen. Laws ch. 93, § 102(2): 1 case
Mass. Gen. Laws ch. 93, § 102(6): 1 case
Mass. Gen. Laws ch. 93, § 102(a): 14 cases
Thurdin v. SEI Boston, LLC, 895 N.E.2d 446 (Mass. 2008).
“151B, because the employer had fewer than six employees, may instead assert a claim under G. L. c. 93, § 102, one of the provisions of the Massachusetts Equal Rights Act (MERA).”
Mass. Gen. Laws ch. 93, § 102(c): 2 cases
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