Bill > H1889

This bill introduces a new legal provision to prevent disparate impact discrimination by units of government in Massachusetts. The bill defines key terms such as "program, policy or practice" broadly to include any governmental actions, and "protected characteristic" as any characteristic protected from discrimination under state law. The legislation prohibits any governmental unit from adopting or implementing programs, policies, or practices that result in a disparate impact on protected groups, even if discrimination is not intentional. Under this bill, individuals or groups who believe they have been adversely affected can file a civil lawsuit within three years, seeking injunctive relief, damages, and legal fees. The bill places the initial burden of proof on the plaintiff to demonstrate that a governmental action caused a disparate impact, after which the defendant must prove the action has a substantial legitimate justification. Importantly, the bill emphasizes that a policy need not be the sole cause of disparate impact to be challengeable, and it is intended to be interpreted broadly to eradicate all forms of discrimination. The legislation does not require plaintiffs to exhaust administrative remedies before filing suit and will take effect immediately upon passage.

Justice

https://malegislature.gov/Bills/194/H1889