Bill > S1064

This bill aims to eliminate disparate impact discrimination by government units in Massachusetts by establishing a comprehensive legal framework for addressing systemic inequities. The legislation defines key terms such as "program, policy or practice" broadly to include any governmental actions, "protected characteristic" as traits legally shielded from discrimination, and "unit of government" to encompass various levels of state and local governmental entities. The bill prohibits any governmental unit from adopting or implementing programs, policies, or practices that result in a disparate impact on protected groups, regardless of intentional discrimination. It provides a legal mechanism for individuals or groups who believe they have been adversely affected to file civil actions within three years, seeking injunctive relief, declaratory judgments, actual damages, and potentially punitive damages. The bill places the initial burden of proof on plaintiffs to demonstrate a disparate impact, after which the defendant must prove the challenged policy has a substantial legitimate justification. Notably, the legislation emphasizes a liberal interpretation aimed at eradicating all forms of discrimination and ensures that plaintiffs are not required to exhaust administrative remedies before pursuing judicial action. The bill would take effect immediately upon passage, representing a significant expansion of civil rights protections in Massachusetts by focusing on systemic inequities beyond intentional discrimination.

Justice

https://malegislature.gov/Bills/194/S1064