MA H1889

Prohibits all Massachusetts government units—including state agencies, counties, cities, towns, and their contractors—from adopting or implementing any program, policy, or practice that causes disparate impact on protected characteristics

Creates a private right of action allowing aggrieved individuals or classes to sue in state court for injunctive relief, declaratory relief, and actual damages, with a 3-year statute of limitations

Establishes burden-shifting framework where plaintiffs must prove a policy caused disparate impact (without proving intent), then defendants must demonstrate "substantial legitimate justification"

Awards prevailing plaintiffs litigation costs, expert witness fees, reasonable attorneys' fees, and pre/post-judgment interest; punitive damages available for intentional discrimination claims

Plaintiffs are not required to exhaust administrative remedies before filing suit, and the challenged policy need only be a contributing cause—not the sole or predominant cause—of the disparate impact