SENATE DOCKET, NO. 930        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1688

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to restore enforcement of civil rights..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 11 of Chapter 12 of the General Laws, as appearing in the

2002 Official Edition, is hereby amended by inserting a new section

11M as follows:—

(a) No unit of State, county, or local government shall:—

(1) exclude a person from participation in, deny a person the benefits

of, or otherwise subject a person to discrimination in any program or

activity on the grounds of that person’s race, color, national origin, or sex; or

(2) utilize criteria or methods of administration that have the effect of excluding persons from participation in, denying persons the benefits of, or otherwise subjecting persons to discrimination in any program or activity because of their race, color, national origin, or sex.

(b) Any person aggrieved by conduct that violates subsection (a)

may bring a civil lawsuit, in a State court, against the offending unit

of government. This lawsuit must be brought not later than 3 years

after the violation of subsection (a). A violation of this section is

established if, based on the totality of the circumstances, it is shown

that any individual has been denied any of the rights protected by

subsection (a). If the court finds that a violation of paragraph (1) of

subsection (a) has occurred, the court may award to the plaintiff

actual and punitive damages and if the court finds that a violation of

paragraph (2) of subsection (a) has occurred, the court may award to

the plaintiff actual damages. The court, as it deems appropriate, may

grant as relief any permanent or preliminary injunction, temporary

restraining order, or other order.

(c) Upon motion, a court shall award reasonable attorneys’ fees

and costs, including expert witness fees and other litigation

expenses, to a plaintiff who is a prevailing party in any action

brought:—

(1) pursuant to subsection (b); or

(2) to enforce a right arising under the Massachusetts Constitution.

In awarding reasonable attorneys’ fees, the court shall consider

the degree to which the relief obtained relates to the relief sought.

(d) For the purpose of this Act, the term “prevailing party”

includes any party:—

(1) who obtains some of his or her requested relief through a judicial

judgment in his or her favor;

(2) who obtains some of his or her requested relief through any

settlement agreement approved by the court; or

(3) whose pursuit of a non-frivolous claim was a catalyst for a

unilateral change in position by the unit of State, county, or local government relative to the relief sought.

(e) Nothing in this section shall be intended to require a plaintiff

seeking to enforce the protection afforded herein to exhaust any

administrative remedies applicable to discrimination actions under

other laws.