Color Discrimination Laws in Massachusetts: Know the Difference From Race Discrimination

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on color. Color discrimination is distinct from race discrimination; it focuses on the shade or darkness of skin tone, not national origin or ethnic background. The law applies to employers with 15 or more employees for 20 or more workweeks in a calendar year. Covered employers cannot make hiring, firing, promotion, compensation, or assignment decisions based on color. Color discrimination includes harassment based on skin tone, including slurs, stereotypes, or negative comments about an employee's complexion.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII federally. An employee must file a charge with the EEOC within 180 days of the discriminatory act (or 300 days in a state with a deferral agency, which Massachusetts is). The EEOC investigates, attempts conciliation, and may bring suit. Remedies include back pay, front pay, reinstatement, compensatory damages for emotional distress and humiliation, punitive damages in cases of intentional discrimination, and attorney fees and court costs. The employee can also pursue a private lawsuit after receiving a right-to-sue letter from the EEOC.

Massachusetts General Laws chapter 149, section 24L explicitly prohibits employment discrimination based on color. The state law is notably stronger than federal Title VII in several ways. First, Massachusetts requires only 6 or more employees to trigger coverage, compared to the federal 15-employee threshold. This means smaller employers in Massachusetts are covered under state law even if they fall below the federal threshold.

Second, Massachusetts law provides a longer filing deadline: 300 days to file a complaint with the Massachusetts Commission Against Discrimination (MCAD), compared to 180 days federally (extended to 300 only in deferral states, which Massachusetts is). Third, Massachusetts law does not cap compensatory damages for emotional distress and humiliation, whereas federal law imposes caps based on employer size ($50,000 for employers with 15-100 employees, up to $300,000 for 500+ employees).

The MCAD enforces color discrimination protections under chapter 151B of the Massachusetts General Laws. Color discrimination encompasses decisions based on skin tone—darker or lighter complexions—in hiring, firing, pay, promotion, harassment, and terms and conditions of employment. The MCAD can award back pay, front pay, reinstatement, compensatory damages without cap, liquidated damages, attorney fees, and costs. Unlike federal law, Massachusetts allows broader discovery and does not require exhaustion of administrative remedies before filing a private lawsuit in state court, though filing with MCAD is still the standard initial step.

Color discrimination protections do not apply to employers with fewer than 6 employees under Massachusetts law. The bona fide occupational qualification (BFOQ) exception may permit color-based decisions in narrow circumstances where skin tone is essential to the job (extremely rare; courts apply strict scrutiny). Voluntary affirmative action programs designed to remedy past discrimination may permit color-conscious hiring, but this exception is narrowly construed and must be temporary and remedial.

Private clubs, religious organizations, and federal contractors may have different obligations, though federal contractors typically face stricter scrutiny. A single isolated comment about skin tone or color, without a pattern of conduct, may not constitute legally actionable discrimination depending on the context and severity. However, Massachusetts courts apply a lower threshold than some federal courts and consider whether the comment contributed to an adverse employment action.

At-will employment generally permits employers to terminate for reasons unrelated to color, but termination cannot be pretextual—that is, it cannot mask color discrimination. An employer's stated reason for an adverse action must be legitimate, non-discriminatory, and actually applied. If the plaintiff shows the employer's stated reason is pretext and color played a role in the decision, liability attaches. Seniority systems and merit-based pay systems are not themselves illegal, but they cannot be applied in a discriminatory manner based on color.

Step 1: Document everything. Keep records of any comments, jokes, slurs, or references to skin tone or color made by managers, coworkers, or the employer. Save emails, texts, and messages. Document the date, time, location, people present, and exact words spoken. Write down any adverse employment actions—denial of promotion, unfavorable scheduling, exclusion from meetings, negative performance reviews—and the timing relative to color-related comments. Take screenshots and keep originals of all documents. Retain payroll records, job postings, and performance evaluations to show patterns.

Step 2: Report internally if a complaint process exists. Review the employee handbook for an anti-discrimination or complaint procedure. Report the conduct to HR, a manager, or the designated compliance officer in writing (email is acceptable; saves evidence). Describe the conduct, when it occurred, witnesses, and how it affected your employment. Keep a copy. This creates an internal record and demonstrates that you gave the employer notice. The employer's failure to investigate or respond seriously can strengthen a future claim. Some employers correct the behavior after notice; others do not. Either way, documenting the complaint is essential.

Step 3: File with MCAD. Contact the Massachusetts Commission Against Discrimination, 436 Dwight Street, Springfield, MA 01103, or online at mass.gov/service-details/file-discrimination-complaint. You have 300 days from the discriminatory act to file. You can file online, by mail, or in person. You do not need an attorney to file. Provide the employer's name and address, your name and contact information, the date(s) of the discrimination, a description of what happened, the basis of discrimination (color), witnesses, and any supporting documents. MCAD will send you a confirmation. There is no filing fee.

Step 4: Investigation and administrative process. MCAD will open an investigation within a few weeks. An investigator will contact you and the employer, request documents, and may interview witnesses. The process typically takes 3-6 months, though it can take longer. You will receive updates; respond promptly to requests for information. The employer will have an opportunity to respond and provide its version. After investigation, MCAD issues findings of facts and a determination: probable cause to believe discrimination occurred, or no probable cause. If probable cause is found, MCAD may attempt conciliation (settlement negotiation). If conciliation fails, MCAD may hold a public hearing before an administrative law judge.

Step 5: Consider legal representation. If you proceed to a hearing or if the claim is substantial (significant damages or systemic discrimination), consult an employment attorney licensed in Massachusetts. An attorney can represent you at the MCAD hearing, help prepare evidence, examine witnesses, and negotiate settlement. Many employment attorneys work on contingency (no upfront fee; payment from recovery). If you prevail, the employer must pay your attorney fees under Massachusetts law. You can also file a private lawsuit in Massachusetts Superior Court or federal court if you prefer; an attorney can advise on the best forum. Filing with MCAD is not mandatory before filing in court under Massachusetts law, though it is standard practice.