Best bet
Disability discrimination in the workplace, Massachusetts Commission Against Discrimination (MCAD).
"Learn about what activities are considered disability discrimination in the workplace and how your rights are protected by the MCAD." Includes:
- MCAD guidelines: Employment discrimination on the basis of handicap (PDF)
These guidelines are MCAD's interpretation of MGL c. 151B and are not enforceable; they are, however, "entitled to substantial deference" (Dahill v. Police Dept. of Boston, 434 Mass. 233 (2001)).
Disability rights in employment, Massachusetts Office on Disability (MOD).
MOD can help both employees and employers learn more about workplace disability rights, how to navigate reasonable accommodation requests, and what to do if there's a problem. You can also use MOD's contact form to request guidance on your specific situation.
- See also MOD's video series Disability and employment FAQs
Subminimum wages
Use of subminimum wage payments in Department of Developmental Services-funded employment settings will be fully phased out by October 1, 2024.
Massachusetts laws and executive orders
Main laws
Article CXIV of the Massachusetts Constitution
Added in 1980. "No otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, denied the benefits of, or be subject to discrimination under any program or activity within the commonwealth."
Executive Order 592 Advancing workforce diversity, inclusion, equal opportunity, non-discrimination, and affirmative action
Note: Applies to state government employees only. See also the Reasonable accommodations for Executive Department employees page to learn more about the process for state employees.
MGL c. 151B Unlawful discrimination because of race, color, religious creed, national origin, ancestry or sex
State law also prohibits discrimination against people with disabilities.
- § 1 Definitions
Defines words such as "handicap", "qualified handicapped person", "major life activities", and "employer" for the purposes of c. 151B. - § 4 Unlawful practices
Prohibits discrimination against protected classes, including people with disabilities.- § 4(1) Prohibits discrimination in employment
- § 4(16) Essential functions, determining undue hardship, and preemployment inquiries
Additional laws
MGL c. 12, § 11I Violations of constitutional rights; civil actions by aggrieved persons; costs and fees
Individuals may bring a civil action against a person or persons who violate their constitutional rights.
MGL c. 32, § 8 Evaluation and reexamination of members retired for disability
State employees: When a state employee retires due to disability, the employee may be evaluated to see if they can perform, with or without help from a medical or vocational rehabilitation program, the essential duties of the same or similar position within the same department.
See also:
Massachusetts regulations
107 CMR MassAbility (formerly Massachusetts Rehabilitation Commission)
804 CMR 3.00 Discrimination in employment (Massachusetts Commission Against Discrimination)
- 3.01(5) Unlawful employment practices with respect to handicapped individuals
840 CMR 10.00 Standard rules for disability retirement
Disability retirement rules for public employees.
Federal laws
29 U.S.C. §§ 701 et seq. Vocational rehabilitation and other rehabilitation services
Governs what services rehabilitation agencies should offer to people with disabilities.
- § 791 Employment of individuals with disabilities (Section 501 of the Rehabilitation Act of 1973)
Federal employees only. Requires federal agencies to promote diversity and to not discriminate in employment. - § 793 Employment under federal contracts (Section 503 of the Rehabilitation Act of 1973)
Requires federal contractors and subcontractors with contracts over $10,000 to promote diversity and to not discriminate in employment.
42 U.S.C. §§ 12101 - 12213 Equal opportunity for individuals with disabilities (Americans with Disabilities Act)
ADA protects people who have disabilities, who have a history of disabilities, as well as those who are incorrectly perceived as having disabilities, from discrimination in employment.
- §§ 12111 et seq. Employment
Prohibits job-related discrimination against qualified individuals with disabilities. Public and private employers, including employment agencies and labor organizations, with 15 or more employees must comply with ADA requirements.
Federal regulations
29 CFR Part 1602 Recordkeeping and reporting requirements under Title VII, the ADA and GINA
29 CFR Part 1614 Federal sector equal employment opportunity
- § 1614.203 Rehabilitation Act
29 CFR Part 1630 Regulations to implement the equal employment provisions of the Americans with Disabilities Act
29 CFR Part 1640 Procedures for coordinating the investigations of complaints or charges of employment discrimination based on disability subject to the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973
29 CFR Part 1641 Procedures for complaints/charges of employment discrimination based on disability filed against employers holding government contracts or subcontracts
41 CFR Part 60-741 Affirmative action and nondiscrimination obligations of federal contractors and subcontractors regarding individuals with disabilities
Selected cases
Agencies and filing complaints
Enforcement agencies
| Agency | File a complaint | Agency decisions |
|---|---|---|
| Massachusetts Commission Against Discrimination (MCAD) One Ashburton Place, Suite 601 Boston, MA 02108 Main: (617) 994-6000 TTY: (617) 994-6196 | File a complaint of discrimination MCAD is the state agency that enforces and investigates violations of MGL 151B, including employment discrimination and other complaints falling under its jurisdiction. | Collections include hearing decisions on discrimination complaints brought before MCAD.
|
| Massachusetts Attorney General's Civil Rights Division Main: (617) 963-2917 (Mass relay dial 7-1-1 and connect via main number) | File a civil rights complaint The Attorney General's Civil Rights Division helps with civil rights complaints. It also makes sure laws are followed and can mediate disputes. If you're having issues with your employer, you can ask them for help. | |
| U.S. Equal Employment Opportunity Commission JFK Building, Room 475 Boston, MA 02203-0506 Main: (800) 669-4000 (Voice) TTY: (800) 669-6820 | Public portal Use this portal to file a Charge of Discrimination against an employer for disability discrimination. Employer must have 15 or more employees. | Federal Sector Appellate Decisions Decisions issued by the EEOC for cases of employment discrimination in the federal government. |
Technical information and guidance
Massachusetts Office on Disability
One Ashburton Place, Room 1305
Boston, MA 02108
Main: (617) 727-7440
MOD provides information and technical guidance on disability rights. You can also use MOD's contact form to request guidance on your specific situation.
Web sources
A guide for people with disabilities seeking employment, ADA.org.
Can I be fired because I use medical marijuana for a disability?, Nolo.com.
Addresses conversations regarding medical marijuana and employment law.
- See also: State laws on off-duty marijuana use: Massachusetts
"[A]n employee who uses medical marijuana to treat a disability is entitled to reasonable accommodation under the state disability discrimination law. Under that law, employers with 6 or more employees must accommodate off-site, off-duty use, unless there is an equally effective alternative treatment available or it would cause the employer undue hardship."
Guide to disability rights laws, ADA.org.
Information on federal civil rights laws that ensure equal opportunity for people with disabilities.
Job Accommodation Network
JAN helps people with disabilities figure out ways to get accommodations at work. They give helpful advice on how to ask for and talk about accommodations with your employer. Questions about job accommodations can be submitted online to JAN or by calling (800) 526-7234 or (877) 781-9403 (TTY). This is a free and confidential service.
Know your rights: Disability rights, ACLU.
Explains the rights that a person with a disability has in the workplace and provides examples of discrimination.
MassAbility
"MassAbility empowers people with disabilities to live life on their own terms. Our programs and services expand possibilities in careers and training, home and community life, and legal rights and benefits – including disability determination for federal programs."
The U.S. Equal Employment Opportunity Commission provides many many resources on disability rights in the workplace, including:
Print sources
Elder and disability law in Massachusetts, 1st ed., MCLE, 2023.
Employee leave and accommodations law in Massachusetts, 5th ed., MCLE, 2022.
Employment discrimination in Massachusetts, 4th ed., MCLE, 2024.
Employment law, 3rd ed. (Mass. practice v. 45) Thomson Reuters, 2023.
- §§ 8:15 et seq. (The Fair Employment Practices Act)
- §§ 12:1 et seq. (The Massachusetts Equal Rights Act)
Legal rights of individuals with disabilities, 3rd ed., MCLE New England, 2021.
Massachusetts discrimination law reporter: MDLR, Massachusetts Labor Relations Reporter.
Massachusetts employment law, 6th ed., MCLE, 2024.
Your rights in the workplace by Sachi Barreiro, Nolo, 2018. (eBook available with library card).
Contact for Massachusetts law about disability rights in employment
Online
| Last updated: | November 19, 2024 |
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