The Massachusetts Fair Employment Practices Act (FEPA) prohibits employers from using any type of application form that makes any inquiry or expresses any “limitation, specification, or discrimination” as to race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, status as a veteran, age (40 years and older), or handicap, unless based on a bona fide occupational qualification (BFOQ) exception (MA Gen. Laws Ch. 151B Sec. 4). The FEPA also prohibits employers from denying initial employment based on a person’s military status.
The FEPA defines "gender identity" as a person's gender-related identity, appearance, or behavior, regardless of whether it is different from the person's physiology or assigned sex at birth.
The Act covers employers with six or more employees (MA Gen. Laws Ch. 151B Sec. 1).
Retaliation prohibited. It is unlawful for an employer to discharge, expel, or otherwise discriminate against a person who has opposed any discriminatory practice prohibited by the Act.