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SD 2126

An Act codifying organizational standing to protect and promote civil rights

194th Legislature (2025-2026) Introduced by Becca Rausch

Enables non-profit public interest groups to sue or participate in Massachusetts Chapter 151B civil rights cases when their purposes are harmed or they have a nexus to those harmed.

House concurred
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Bill Summary · SD 2126

Summary: An Act codifying organizational standing to protect and promote civil rights (SD 2126)

Overview

  • Bill Number: SD 2126 (Senate Docket), Senate No. 1248
  • Title: An Act codifying organizational standing to protect and promote civil rights
  • Status: House concurrence completed
  • Introduced: February 27, 2025
  • Filed: January 17, 2025
  • Filed by: Senator Rebecca L. Rausch (co-petition with Dylan A. Fernandes)
  • Jurisdiction: The Judiciary Committee (Massachusetts General Court)
  • Classification: Proposed bill

Purpose and intent

The bill aims to codify organizational standing for public interest organizations within the Commonwealth’s civil rights framework. Specifically, it would authorize certain non-profit, public interest organizations to bring or participate in civil rights actions under Chapter 151B (Mass. anti-discrimination laws) where the organization’s purposes, activities, or interests are harmed or impaired by unlawful discrimination or bias, or where the organization has a nexus to the individuals harmed.

Key provisions (by section)

  • Section 1 (amendment to Chapter 151B, Sec. 1):

    • Adds “public interest organizations” to the list of entities recognized in the statute (alongside existing categories such as corporations). This broadens who may be considered empowered to pursue claims.

  • Section 2 (amendment to Sec. 1, definition):

    • Adds a new definition:
    • “Public interest organization” means any non-profit organization organized or operating, in whole or in part, to combat discrimination or bias, safeguard civil rights, or promote rights/interests under Chapter 151B.

  • Section 3 (amendment to Sec. 5):

    • Expands the grounds on which a public interest organization may be aggrieved. A public interest organization may be aggrieved if:
    • its purposes or activities to achieve those purposes are perceptibly impaired by an unlawful practice or violation; or
    • an unlawful practice or violation was directed at the organization or its agents/employees; or
    • the organization has a sufficient nexus to the interests of the persons harmed by the practice/violation.

  • Section 4 (amendment to Sec. 9):

    • Adds the same aggrieved-standing language to civil actions, allowing public interest organizations to file or participate in actions where their purposes or activities are impaired, where the unlawful practice targeted the organization, or where the organization has a sufficient nexus to affected individuals.

Who is affected

  • Public interest organizations that are non-profits focused on combating discrimination, safeguarding civil rights, or promoting rights under Chapter 151B.
  • Potential defendants under Chapter 151B (employers, housing providers, and other covered entities) could face civil actions initiated or supported by these organizations.

Procedural and timeline aspects

  • Introduced: February 27, 2025
  • Referred to the Committee on The Judiciary (February 27, 2025)
  • House concurrent with Senate version (status noted as House concurred)
  • The proposal seeks to formalize standing in existing civil rights enforcement processes rather than creating a separate enforcement mechanism.

Potential impact and considerations

  • Positive effects:
    • Strengthens enforcement of civil rights by enabling advocacy and watchdog organizations to sue or intervene, ensuring broader protection for individuals and communities facing discrimination.
    • Clarifies who may bring civil rights claims, reducing ambiguity around organizational participation.
  • Possible concerns:
    • Could increase litigation activity under Chapter 151B, affecting defendants and public agencies.
    • Requires careful application to ensure standing is limited to organizations with legitimate nexus to the interests harmed, avoiding abuse of standing.

Next steps

  • With House concurrence recorded, the bill would normally proceed to any final steps required for enactment, including potential reconciliation between Senate and House versions if needed, and ultimately signatures by the Governor.

Compiled from official sources — confirm details with the bill’s official record.

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