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SD 1760

An Act to eliminate disparate impact

194th Legislature (2025-2026) Introduced by Sal DiDomenico

The bill bars any Massachusetts government program, policy, or practice that causes a disparate impact and provides for civil remedies, including damages, to affected individuals.

House concurred
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Bill Summary · SD 1760

Summary: An Act to Eliminate Disparate Impact (Senate Docket No. 1760)

Status: House concurred; introduced February 27, 2025; referred to The Judiciary (S. 1064). Effective upon passage.

Purpose and intent

  • The bill seeks to eradicate discrimination by government units in Massachusetts by prohibiting programs, policies, or practices that produce a disparate impact on protected groups.
  • It establishes a civil enforcement framework to challenge and remedy such impacts in state courts, aiming to ensure access to judicial remedies for aggrieved individuals or groups.

Key provisions

Section 11O (inserted into Chapter 12)

  • Definitions

    • “Program, policy or practice”: broad definition covering actions, activities, operations, decisions, initiatives, mandates, criteria, or methods of administration by a government unit.
    • “Protected characteristic”: aligns with characteristics protected from discrimination under Commonwealth law.
    • “Unit of government”: includes any executive office/agency, subdivisions (counties, cities, towns, boards, authorities), individuals employed by or contracted by a unit, and programs or activities funded or conducted through the unit.

  • Prohibition on disparate impact

    • No unit of government may directly or indirectly adopt, implement, approve, or utilize any program, policy, or practice that has a disparate impact.

  • Civil action and remedies

    • Aggrieved individuals or classes may file in state court for injunctive relief, declaratory relief, and other appropriate remedies, including actual damages.
    • Violations of intentional discrimination may allow for punitive damages.
    • Statute of limitations: action must be filed within three years after the violation.
    • Prevailing party remedies: costs of litigation, expert witness fees, reasonable attorneys’ fees as determined by the court, and prejudgment/post-judgment interest.

  • Burdens of proof

    • Plaintiff must prove that the challenged program, policy, or practice caused a disparate impact (no requirement to prove discriminatory intent).
    • If proven, the defendant must demonstrate that the program, policy, or practice meets all elements of a substantial legitimate justification.
    • A showing of substantial justification does not defeat a claim of intentional discrimination.
    • A program may be a contributing cause of disparate impact without being the sole or predominant cause.

  • Procedural notes

    • No requirement to exhaust administrative remedies under other discrimination laws.
    • The act is to be liberally construed to eradicate discrimination and improve access to justice for aggrieved individuals.

Who is affected

  • Government units of Massachusetts (executive offices, departments, agencies, subdivisions, and contracted entities) and programs or activities funded or administered by them.
  • Individuals or groups alleging that a government program, policy, or practice has a disparate impact.

Procedural and timeline aspects

  • Filed: January 16, 2025 (Senate Docket No. 1760; Senate No. 1064).
  • Action: Referred to The Judiciary; House concurrence achieved on February 27, 2025.
  • Effective date: Upon passage of the act.

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

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