Mass ConLaw

Question 1

Advisory Opinions

Answer 1

Ok for:

(1) Federal court questions on unsettled MA law, and
(2) Executive/legislative questions on constitutionality of pending legislation

Question 2

Equal Protection - suspect classes

Answer 2

Religious, ethnic, handicap (art. 114), sex-based (all get strict scrutiny)
*In addition to race, alienage, and national origin

Question 3

Equality under the law

Answer 3

Art. 1: Equality can’t be abridged/denied based on sex, race, color, creed, or national origin

Question 4

Rational Basis Test

Answer 4

Applies in nonsuspect class EP analysis, more “bite” than Federal test:

(1) balance harm to disadvantaged class with public purpose of classification,
(2) survives if any reasonable facts can be conceived

Question 5

Same Sex Marriage

Answer 5

Violates equality and liberty of provisions to deny

Question 6

Speech injunctions

Answer 6

Injunction against discussing a case must be based on compelling state interest with no reasonable less restrictive means available

General concern for anonymity of children not enough without specific finding of harm

Question 7

Student Expression

Answer 7

All protected, even lewd/vulgar, as long as it is not disruptive

Question 8

Charitable Solicitations

Answer 8

It is an unreasonable/overbroad content-based restriction to prohibit peaceful begging

Question 9

Freedom of Religion

Answer 9

Art. 46 Test: Compelling government interest and narrowly tailored

Neutral Laws
P must have: (1) Sincere belief, (2) that conflicts with and is burdened by the law
State must show: (1) Regulation serves unusually important government goal, and (2) Exemption would substantially hinder that goal

Question 10

Anti-Discrimination Statutes: Generally

Answer 10

Individuals protected from state AND private action

Question 11

Employment

Answer 11

Chapter 151B

(1) No discrimination in hiring/firing/promoting
(2) Permissible based on “bona fide” occupational qualification
(3) N/A for businesses with fewer than 6 employees

Question 12

Housing

Answer 12

Chapter 151B
Discrimination against any protected class is forbidden

Question 13

Credit and Services

Answer 13

Chapter 151B
Discrimination against any protected class is forbidden

Question 14

Protected Classes: In general

Answer 14

Chapter 151B
Race, color, religion, national origin, ancestry, sex, sexual orientation
*Many provisions also bar discrimination against handicapped, over 40, and based on marital status

Question 15

Protected Class: Age

Answer 15

Chapter 151B

OK for youth but not for over 40; mandatory retirement generally NOT ok.

Question 16

Protected Class: Handicap

Answer 16

Chapter 151B
Reasonable accommodations that do not impose an undue financial/administrative burden or would not require employer to disregard essential job functions

*note: nonchronic impairments not considered handicaps

Question 17

Protected Classes: Sex, Sexual Harassment, Sexual Orientation

Answer 17

Chapter 151B

(1) Sex: No discrimination for pregnancy or other sex related medical conditions
(2) Sexual Harassment: Even same sex is forbidden regardless of sexual orientation
(3) Sexual Orientation: No protection for persons attracted to minors

Question 18

Protected Class: Religion

Answer 18

Employer can’t have condition of employment that forces violation of sincerely held religious belief
*Sincerity does not mean required under the religion

Question 19

Chapter 151B and Procedure: Massachusetts Commission Against Discrimination (MCAD)

Answer 19

6 month filing deadline (if missed all remedies barred under 151B- not common law or other statutory claims though)

If 151B does not apply claims under MCRA and MERA are not precluded

Question 20

Massachusetts Equal Rights Act (MERA)

Answer 20

Al persons have the same rights

6 month statute of lmiitations

Question 21

Massachusetts Civil Rights Act (MCRA)

Answer 21

• Prohibits any person from interfering with federal or state constitutional rights
• “Secured Rights” are protected
• Includes private persons
• SJC has narrowly construed language of threat/force
• Allows for injunctive relief, damages, and attorney’s fees

Question 22

Equal Pay Act

Answer 22

No different pay for “work of like or comparable character/operations”

(1) Substantive content comparable (common duties)
(2) Comparable skills, efforts, responsibilities, working conditions
* Also requires that reasonable maternity leave be given

Question 23

Massachusetts Public Accommodation Law

Answer 23

Forbids discrimination in place of public accommodation , which is defined expansively
*Lactating mothers protected

Question 24

Bear Arms

Answer 24

No right in Massachusetts

Question 25

Freedom of Movement

Answer 25

Right to move about freely in public is fundamental and therefore must meet strict scrutiny

Question 26

Free Elections

Answer 26

Art. 9 forbids state/private interference with the electoral process

Question 27

Chapter 151B: Burdens of Proof

Answer 27

P has initial burden of establishing prima facia case of discrimination; if D produces legit non-discriminatory reason, burden shifts back to P to prove it is just a pretext

Question 28

Chapter 151B: Remedies

Answer 28

(1) Injunctive relief from MCAD and superior court
(2) Compensatory damages: actual lost/anticipated lost wages and emotional distress (is “natural and probable” with discrimination so no expert needed to establish)
(3) Punitive damages by superior court only