Civil rights in general
Massachusetts 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."
MGL c. 12, § 11H Violations of constitutional rights; civil actions by attorney general; venue; compensatory damages; fees and costs; civil penalties
MGL c. 12, § 11I Violations of constitutional rights; civil actions by aggrieved persons; costs and fees
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.
MGL c. 151B, § 1 Definitions
Definitions include the terms "handicap", "qualified handicapped person", and "major life activities" for the purposes of c.151B.
Selected cases
Olmstead v. L.C., 527 U.S. 581 (1999)
Right to live integrated within communities. "Under Title II, the court concluded, unnecessary institutional segregation constitutes discrimination per se, which cannot be justified by a lack of funding."
Courts
Massachusetts laws
MGL c. 221, § 92A Interpreters for the deaf or hearing-impaired; court proceedings; arrests; admissibility of evidence; fees and expenses; privileged communications
Selected cases
McDonough, petitioner, 457 Mass. 512 (2010)
"(1) where a witness with a disability requests accommodation in order to testify, Mass. Equal Rights Act requires that the court provide such accommodation, so long as it is "reasonable," G.L. c. 93, § 103(a); (2) where there is a dispute concerning such a witness's request for accommodation, a judge should conduct a hearing to resolve the dispute, preferably before trial, and the witness should be provided with reasonable accommodation, if available, during the pretrial hearing; and (3) where a judge precludes a witness with a disability from testifying by denying a request for accommodation, the party proffering the witness, but not the witness, may appeal the judge's interlocutory ruling as a matter of right to the Appeals Court."
Web sources
ADA accessibility at the courts, Massachusetts Court System.
Court forms related to the Americans with Disabilities Act (ADA), Massachusetts Court System.
Accommodation, complaint and grievance forms for the appellate and trial courts.
Government services
- See also: Law about education and Law about special education
Massachusetts laws and regulations
MGL c. 151B, § 4(10) Prohibits discrimination against recipients of government assistance
106 CMR Department of Transitional Assistance
106 CMR 703.00 Transitional cash assistance program: nonfinancial eligibility
- 106 CMR 703.191 Disabled
- 106 CMR 703.610 Participant in a Massachusetts Rehabilitation Commission program
- 106 CMR 703.620 Caring for the disabled
Federal laws and regulations
29 U.S.C. § 794 Nondiscrimination under Federal grants and programs
Section 504 of the Rehabilitation Act of 1973.
42 U.S.C. §§ 12131 et seq. Public services
Title II of the Americans with Disabilities Act: State and local government programs.
- § 12132 Discrimination
"[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."
28 CFR Part 35 Nondiscrimination on the basis of disability in state and local government services
- Note: There are over 95 implementing regulations in the CFR for federally conducted programs.
49 CFR Part 27 Nondiscrimination on the basis of disability in programs or activities receiving federal financial assistance
Web sources
About your rights in accessing state & local government services, Massachusetts Office on Disability.
Public access and accommodations
Massachusetts laws and regulations
MGL c. 272, § 92A Advertisement, book, notice or sign relative to discrimination; definition of place of public accommodation, resort or amusement
MGL c. 272, § 98 Discrimination in admission to, or treatment in, place of public accommodation; punishment; forfeiture; civil right
MGL c. 272, § 98A Physically handicapped persons with dog guides; public places or conveyances; charges or fares; penalties
- See also: Law about service animals
521 CMR Architectural Access Board
540 CMR 17 Issuance of disability plates and placards
See also: Massachusetts city and town ordinances and by-laws
Check your local ordinances and by-laws for laws adopted by cities and towns that remove barriers for people with disabilities.
Federal laws and regulations
42 U.S.C. §§ 4151 et seq. Design and construction of public buildings to accommodate physically handicapped
42 U.S.C. §§ 12181 et seq. Public accommodations and services operated by private entities (Title III of the Americans With Disabilities Act)
49 U.S.C. § 41705 Discrimination against handicapped individuals (Air Carrier Access Act)
14 CFR Part 382 Nondiscrimination on the basis of disability in air travel (Air Carrier Access Act)
28 CFR Part 36 Nondiscrimination on the basis of disability by public accommodations and in commercial facilities
41 CFR Part Subpart C §§ 102 - 76 et seq. Architectural Barriers Act
49 CFR Part 37 Transportation services for individuals with disabilities (ADA)
49 CFR Part 38 Americans with Disabilities Act (ADA) accessibility specifications for transportation vehicles
Selected cases
PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001)
ADA requires professional sports associations to make modifications for participants with disabilities.
Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 (2005)
ADA public accommodation statutes are applicable to foreign-flag cruise ships in U.S. waters.
Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. 212 (2022)
Supreme Court held that emotional distress damages are not recoverable for victims of discrimination.
Williams v. Kincaid, U.S. Court of Appeals, Fourth Circuit (2022), WL 3364824
The Americans with Disabilities Act (ADA) protects transgender people from discrimination. The ADA covers “gender dysphoria” a “discomfort or distress that is caused by a discrepancy between a person's gender identity and that person's sex assigned at birth.” This case involves a transgender woman who was placed in a men’s prison where she was denied hormone therapy and suffered harassment. The ruling applies also to workplace and public accommodations.
Web sources
About your rights in public places, Massachusetts Office on Disability.
Accessibility requirements for state facilities, Division of Capital Asset Management and Maintenance.
Accessibility resources, Division of Capital Asset Management and Maintenance.
ADA requirements - effective communication, ADA.gov.
ADA standards for accessible design, ADA.gov.
Airline passengers with disabilities bill of rights, U.S. Department of Transportation.
"This Bill of Rights describes the fundamental rights of air travelers with disabilities under the Air Carrier Access Act and its implementing regulation, 14 Code of Federal Regulations (CFR) Part 382."
Americans with Disabilities Act compliance for Executive Branch agencies, Massachusetts Office on Disability.
DCAMM statewide accessibility initiative, Division of Capital Asset Management and Maintenance.
Discrimination in public places, Mass. Commission Against Discrimination.
"Learn more about the types of discrimination that happen in public places and how we are protecting your rights."
Public accommodation civil rights protections, Attorney General's Civil Rights Division.
Technology
Federal laws and regulations
29 U.S.C. § 794d Electronic and information technology
Electronic and information technology maintained by the federal government must be accessible to individuals with disabilities. Codifies Section 508 of the of the Rehabilitation Act of 1973.
47 CFR §§ 64.601 et seq. Telecommunications relay services and related customer premises equipment for persons with disabilities
Web sources
Executive guide to federal IT accessibility, U.S. General Services Administration.
Guidance on web accessibility and the ADA, U.S. Department of Justice, Civil Rights Division (Updated March 18, 2022).
"Describes how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities as required by the Americans with Disabilities Act (ADA)."
Justice Department advances proposed rule to strengthen web and mobile app access for people with disabilities, U.S. Department of Justice, July 25, 2023.
"The Justice Department sent to the Federal Register for publication a notice of proposed rulemaking under Title II of the Americans with Disabilities Act (ADA) that aims to improve web and mobile applications (apps) access for people with disabilities and clarify how public entities – primarily state and local governments – can meet their existing ADA obligations as many of their activities shift online."
Voting
Massachusetts laws and regulations
MGL c. 54, § 79 & § 98 Assistance in marking ballots
Voters with a disability may be assisted by any person they designate.
MGL c. 54, § 86 Absent or physically disabled voters
950 CMR 51.00 Polling place accessibility for elderly and handicapped voters
Federal laws and regulations
52 U.S.C. §§ 20101 - 20107 Voting accessibility for the elderly and handicapped
Web sources
Voters with disabilities, Secretary of the Commonwealth, Elections Division.
Includes information on the requirements for accessible polling places and voting procedures. Also provides information on accessible voting equipment used at terminals, vote by mail ballots, and how to contact the Division with suggestions or concerns.
Agencies and filing complaints
Enforcement agencies
| Agency | File a complaint |
|---|---|
| Massachusetts Commission Against Discrimination 1 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 is responsible for enforcing and investigating violations of MGL 151B, including discrimination in accessibility and other complaints over which they have jurisdiction. |
| Architectural Access Board 1000 Washington Street Suite 710 Boston, MA 02118 Main: (617) 727-0660 |
Architectural Access Board complaint "If you believe you have identified a violation of 521 CMR, you have the right to file a complaint with the Architectural Access Board." |
|
Massachusetts Attorney General's Civil Rights Division |
File a civil rights complaint "[R]esponds to complaints related to civil rights and civil liberties. The office takes enforcement action when necessary and can mediate disputes." Contact the Division for equal rights law violations. |
|
Secretary of the Commonwealth, Elections Division |
Voters with disabilities "Please let us know if you have suggestions about how we can improve our accessibility. You can call the Elections Division at 1-800-462-VOTE (8683), contact us using TTY at 1-800-720-3480, or email us at elections@sec.state.ma.us." |
|
U.S. Department of Justice, Civil Rights Division |
File a complaint "The Americans with Disabilities Act provides an important tool to fight discrimination: filing a complaint with an appropriate federal agency." |
Technical information and guidance
Massachusetts Office on Disability
One Ashburton Place, Room 1305
Boston, MA 02108
Main: (617) 727-7440
Agency decisions
Architectural Access Board complaint decisions
"Orders and decisions issued by the Massachusetts Architectural Access Board in cases arising from complaints alleging a violation of the Board's regulations."
- Decisions from 2017-2019 (State Library's DSpace collection)
Massachusetts Commission Against Discrimination hearing decisions
Collections include hearing decisions on discrimination complaints brought before MCAD.
- Decisions from 2010-present (MCAD's website)
- Decisions from 2002-2010 (State Library's DSpace collection)
Print sources
ADA Amendments Act of 2008 and its impact on public accommodations and commercial facilities by Jonathan R. Mook, LexisNexis Matthew Bender, 2009.
ADA & website accessibility by Marc J. Rachman, MCLE, 2023.
Elder and disability law in Massachusetts, MCLE, 2023.
Federal disability law in a nutshell by Ruth Colker, 6th ed., West Academic Publishing, 2019.
Legal rights of individuals with disabilities, 3rd ed., MCLE New England, 2021.
Massachusetts discrimination law reporter: MDLR, Massachusetts Labor Relations Reporter.
Service animals & the law, MCLE, 2021.
Understanding the ADA by William D. Goren, 4th ed., American Bar Association, 2013.
Contact for Massachusetts law about disability rights in public spaces and government services
Online
| Last updated: | April 17, 2024 |
|---|