🇺🇸 Massachusetts EMPLOYMENT LAW — 2026 UPDATE

Massachusetts Return to Office Mandate 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: No state-mandated return to office requirement for private sector employers; at-will employment framework applies in Massachusetts

RTO Mandate Massachusetts 2026

Table of Contents

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Introduction

Massachusetts does not have a state-mandated return to office requirement for private sector employers as of December 2025. Return to office policies in Massachusetts are generally determined by individual employers operating within the Commonwealth’s at-will employment framework, subject to anti-discrimination laws and reasonable accommodation requirements under M.G.L. c. 151B and federal law.

This guide compiles official information published by the Massachusetts Commission Against Discrimination (MCAD), Massachusetts Department of Labor Standards, and other government agencies regarding employment law, employee rights, and accommodation processes relevant to return to office situations in Massachusetts.

Sources: Massachusetts Commission Against Discrimination, Massachusetts General Laws, U.S. Equal Employment Opportunity Commission

1.1 At-Will Employment Doctrine

Massachusetts follows the at-will employment doctrine, which allows employers to make employment decisions, including return to office requirements, unless constrained by contract, collective bargaining agreement, or anti-discrimination law.

According to Massachusetts law as interpreted by courts:

“Although it seems almost impossible to believe, employers in Massachusetts, or in any other employee-at-will state, can fire any employee at any time for any reason — or even for no reason at all. An employer can terminate any employee, with or without notice.”

Source: Massachusetts law about employment termination
Published by: Massachusetts Trial Court Law Libraries
Available at: https://www.mass.gov/info-details/massachusetts-law-about-employment-termination

The at-will employment doctrine in Massachusetts permits employers to:

  • Establish workplace location requirements
  • Modify remote work policies
  • Require employees to return to physical office locations
  • Terminate employees who refuse to comply with lawful directives

Exceptions to at-will employment:

  • Employment contracts specifying remote work or other terms
  • Collective bargaining agreements
  • Public policy violations
  • Discrimination or retaliation based on protected class membership
  • Violations of statutory rights

Source: Exceptions to the at-will employment doctrine, Robert S. Mantell, 2016
Available at: Mass.gov legal resources

1.2 State-Specific RTO Legislation/Orders

No Private Sector RTO Mandate

As of December 23, 2025, the Massachusetts Legislature has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.

Search conducted: Massachusetts General Court (State Legislature) website
Date: December 2025
Search terms: “return to office”, “remote work mandate”, “telework requirements”
Available at: https://malegislature.gov

Result: No state legislation mandates or regulates return to office policies for private employers.

State Government Telework Policy

The Massachusetts Executive Branch operates under a “Telework Policy for Executive Department Agencies” established during the Baker Administration and continued under Governor Maura Healey.

According to official state policy:

“The policy authorizes a hybrid work model where statutorily permissible and operationally feasible, with sign-off from a supervisor.”

Source: Boston Globe editorial analysis
Published: May 8, 2023
Available at: https://www.bostonglobe.com (reference to official policy)

Key Points About State Employee Telework:

  • Applies only to Massachusetts Executive Branch agencies
  • Does not apply to private sector employers
  • Requires supervisor approval
  • Subject to operational feasibility determinations
  • Varies by agency and constitutional office

State Workforce Data (as of November 2025):

  • 49% of executive branch employees (20,870 of 42,746) report to office daily
  • Approximately 50% have hybrid work schedules
  • Approximately 1,000 employees work fully remote

Source: WCVB investigative report
Date: November 12, 2025
Data from: Massachusetts Executive Office for Administration and Finance

IMPORTANT: State employee telework policies do not create rights or requirements for private sector employees.

Federal Executive Orders

President Donald Trump issued an executive order in January 2025 requiring federal employees to return to office. This order:

  • Applies only to federal government employees
  • Does not apply to Massachusetts state employees
  • Does not apply to private sector employers
  • Does not create legal requirements for Commonwealth employers

1.3 COVID-19 Reopening Framework (Historical Context)

Reopening Massachusetts – Four Phase Plan (2020-2021)

Governor Charlie Baker’s administration implemented “Reopening Massachusetts,” a four-phase approach to reopening during the COVID-19 pandemic:

Phase I (“Start”) – May 18, 2020:

  • Manufacturing, construction, places of worship reopened
  • Required certification of safety protocols

Phase II (“Cautious”) – June 2020:

  • Retail, childcare, restaurants allowed to reopen
  • Required workplace safety standards

Phase III (“Vigilant”) – July 6, 2020:

  • Additional sectors reopened
  • Continued safety requirements

Phase IV (“New Normal”) – March 22, 2021:

  • Most capacity restrictions lifted
  • Effective May 29, 2021: All industries permitted to operate

Status as of December 2025: All pandemic-era reopening restrictions have been lifted. The COVID-19 state of emergency in Massachusetts ended on May 11, 2023.

Source: Reopening Massachusetts
Published by: Commonwealth of Massachusetts
Available at: https://www.mass.gov/info-details/reopening-massachusetts

Current Status: Employers operate under standard employment law framework, not pandemic-era restrictions.

1.4 Current Private Sector Return to Office Framework

Private sector employers in Massachusetts operate under:

  1. At-will employment doctrine
    • Employers may require return to office
    • Employees may resign if they disagree with policy
    • Subject to contract and collective bargaining exceptions
  2. Anti-discrimination laws (M.G.L. c. 151B)
    • Cannot discriminate based on protected class membership
    • Must provide reasonable accommodations for disabilities
    • Cannot retaliate for requesting accommodations
  3. Contract obligations
    • Written employment agreements
    • Collective bargaining agreements
    • Established company policies (potential implied contracts)
  4. Federal law requirements
    • Americans with Disabilities Act (ADA)
    • Title VII of the Civil Rights Act of 1964
    • Age Discrimination in Employment Act (ADEA)

Source: Work from Home Labor Employment Rights in Massachusetts
Published by: Legal analysis (National Law Review)
Date: Post-Omicron surge analysis

Competent Government Agencies

2.1 Massachusetts Commission Against Discrimination (MCAD)

The Massachusetts Commission Against Discrimination is the independent state agency that enforces Massachusetts anti-discrimination laws.

Official Contact Information:

Boston Headquarters:

  • Address: 1 Ashburton Place, Suite 601, Boston, MA 02108
  • Telephone: (617) 994-6000
  • TTY: (617) 994-6196
  • Email: mcad@mass.gov
  • Hours: Monday-Friday, 9:00 AM – 5:00 PM

Springfield Office:

  • Telephone: (413) 739-2145
  • Email: mcad@mass.gov
  • Hours: Monday-Friday, 9:00 AM – 5:00 PM

Worcester Office:

  • Telephone: (508) 453-9630
  • Email: mcad@mass.gov
  • Hours: Monday-Friday, 9:00 AM – 5:00 PM

Official Website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination

Function: The MCAD investigates, prosecutes, and adjudicates complaints of discrimination in:

  • Employment
  • Housing
  • Public accommodations
  • Credit and lending
  • Education

Jurisdiction:

  • Employers with 6 or more employees
  • All employers of domestic workers (regardless of size)
  • Labor organizations
  • Employment agencies

Source: Massachusetts Commission Against Discrimination
Available at: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination

2.2 Massachusetts Department of Labor Standards (DLS)

The Department of Labor Standards enforces Massachusetts labor laws.

Official Contact Information:

  • Address: 19 Staniford Street, 2nd Floor, Boston, MA 02114
  • Telephone: (617) 626-6975
  • Fair Labor Hotline: (617) 727-3465
  • Hours: Monday-Friday, 10:00 AM – 4:00 PM
  • Email: dlsinfo@mass.gov

Official Website: https://www.mass.gov/orgs/department-of-labor-standards

Function:

  • Enforces wage and hour laws
  • Oversees workplace safety standards
  • Protects workers from exploitation
  • Provides workplace posters and informational materials

Note: DLS does not enforce anti-discrimination laws related to return to office situations. For discrimination matters, contact MCAD.

2.3 Massachusetts Attorney General’s Office – Fair Labor Division

The Attorney General’s Fair Labor Division enforces Massachusetts wage and hour laws.

Official Contact Information:

  • Address: One Ashburton Place, Boston, MA 02108
  • Fair Labor Hotline: (617) 727-3465
  • Hours: Monday-Friday, 10:00 AM – 4:00 PM
  • TTY: Mass Relay 7-1-1

Official Website: https://www.mass.gov/orgs/attorney-generals-office

Function:

  • Enforces wage and hour laws
  • Investigates wage theft
  • Protects workers’ rights to earned wages
  • Enforces workplace discrimination protections (Civil Rights Division)

2.4 U.S. Equal Employment Opportunity Commission (EEOC) – Boston Area Office

The EEOC enforces federal anti-discrimination laws in employment.

Boston Area Office:

  • Address: John F. Kennedy Federal Building, 15 New Sudbury Street, Room 475, Boston, MA 02203
  • Telephone: 1-800-669-4000
  • TTY: 1-800-669-6820
  • Videophone (for Deaf/Hard of Hearing): 1-844-234-5122
  • Hours: Monday-Friday, 8:30 AM – 5:00 PM
  • Intake Hours: Monday-Friday, 10:00 AM – 2:00 PM (walk-in)

Official Website: https://www.eeoc.gov/field-office/boston/location

Coverage Area: Massachusetts, Maine, New Hampshire, Rhode Island, Vermont

Function:

  • Enforces federal anti-discrimination laws
  • Investigates charges of discrimination
  • Mediates employment disputes
  • Files lawsuits when appropriate

Federal Laws Enforced:

  • Title VII of the Civil Rights Act of 1964
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Equal Pay Act
  • Genetic Information Nondiscrimination Act (GINA)

Appointment Scheduling:

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov

2.5 Massachusetts Executive Office of Labor and Workforce Development

Provides general labor and workforce development services.

Official Contact Information:

Function:

  • Coordinates workforce development programs
  • Oversees unemployment insurance
  • Publishes labor market information
  • Administers job training programs

Note: This office does not handle individual employment discrimination complaints. For such matters, contact MCAD or EEOC.

Applicable Statutes - Compilation

3.1 State Anti-Discrimination Laws

Massachusetts law prohibits employment discrimination through several statutes:

Law Reference Protected Classes Employer Coverage Official Source
Massachusetts Fair Employment Practices Law M.G.L. c. 151B Race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age (40+), disability, military service 6+ employees
(all employers for domestic workers) 		https://www.mass.gov/lists/mass-general-laws-c151b
Americans with Disabilities Act (ADA) 42 U.S.C. § 12101 et seq. Disability 15+ employees https://www.ada.gov
Title VII of the Civil Rights Act 42 U.S.C. § 2000e et seq. Race, color, religion, sex, national origin 15+ employees https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Age Discrimination in Employment Act (ADEA) 29 U.S.C. § 621 et seq. Age (40+) 20+ employees https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Pregnant Workers Fairness Act (Massachusetts) M.G.L. c. 151B § 4(1E) Pregnancy, pregnancy-related conditions 6+ employees https://www.mass.gov

3.2 Key Statute: M.G.L. Chapter 151B

Full Title: Unlawful discrimination because of race, color, religious creed, national origin, ancestry or sex

Primary Statute: Massachusetts General Laws Chapter 151B
Last Amended: September 12, 2024 (by St. 2024, c. 205, § 76)
Full Text: https://www.mass.gov/lists/mass-general-laws-c151b
Enforcement Agency: Massachusetts Commission Against Discrimination (MCAD)

Key Provisions Relevant to Return to Office:

M.G.L. c. 151B, § 4(1):

“For an employer, by himself or his agent, because of the race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, genetic information, pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child, ancestry or status as a veteran of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.”

Source: M.G.L. c. 151B § 4
Available at: https://www.mass.gov/info-details/mass-general-laws-c151b-ss-4

M.G.L. c. 151B, § 4(16) – Disability Discrimination:

Massachusetts law defines “handicap” to mean:

  • A physical or mental impairment that substantially limits one or more major life activities
  • A record of such impairment
  • Being regarded as having such impairment

Source: M.G.L. c. 151B § 1
Available at: https://www.mass.gov/lists/mass-general-laws-c151b

M.G.L. c. 151B, § 4(4) – Retaliation Prohibition:

“For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified or assisted in any proceeding under section five.”

Source: M.G.L. c. 151B § 4
Available at: https://www.mass.gov/info-details/mass-general-laws-c151b-ss-4

3.3 Reasonable Accommodation Requirements

Both Massachusetts law (M.G.L. c. 151B) and federal law (ADA) require employers to provide reasonable accommodations for qualified individuals with disabilities.

Massachusetts Law – Employer Coverage:

  • Employers with 6 or more employees
  • Broader coverage than federal ADA (which covers 15+ employees)

Federal ADA – Employer Coverage:

  • Employers with 15 or more employees

Definition of “Qualified Handicapped Person” (Massachusetts):

According to M.G.L. c. 151B § 1:

A qualified handicapped person means:

  1. A person with a handicap who
  2. Can perform the essential functions of the position
  3. With or without reasonable accommodation

Source: M.G.L. c. 151B § 1, Employment rights of people with disabilities
Available at: https://www.mass.gov/info-details/employment-rights-of-people-with-disabilities

Types of Reasonable Accommodations:

Massachusetts and federal law recognize various reasonable accommodations, which may include:

  • Modifications to work schedules
  • Modifications to work location (including remote work)
  • Modified equipment or assistive technology
  • Restructuring of marginal job duties
  • Leave or schedule adjustments
  • Other modifications that enable performance of essential functions

Source: MCAD guidance, EEOC guidance
Available at: https://www.mass.gov and https://www.eeoc.gov

Undue Hardship Exception:

Employers are not required to provide accommodations that would cause “undue hardship”:

  • Significant difficulty or expense
  • Consideration of employer size, financial resources, and nature of operations

Reasonable Accommodations - Official Framework

4.1 State Law Requirements

Massachusetts law requires employers with 6 or more employees to provide reasonable accommodations for qualified individuals with disabilities.

According to Massachusetts Commission Against Discrimination guidance:

“Qualified handicapped persons are entitled to reasonable accommodations, unless that accommodation presents an undue hardship to the employer.”

Source: Overview of Workplace Discrimination
Published by: Massachusetts Commission Against Discrimination
Available at: https://www.mass.gov/info-details/overview-of-workplace-discrimination

Reasonable Accommodation May Include:

  • Job restructuring
  • Part-time or modified work schedules
  • Reassignment to a vacant position
  • Acquisition or modification of equipment or devices
  • Modification of examinations, training materials, or policies
  • Provision of qualified readers or interpreters
  • Remote work arrangements when they enable performance of essential job functions

Recent Massachusetts Case Law:

In Peeples v. Clinical Support Options, Inc., 487 F.Supp.3d 56 (D. Mass. 2020), a federal court in Massachusetts issued an order preventing an employer from terminating an asthmatic employee’s teleworking arrangement during the COVID-19 pandemic.

Source: Federal District Court decision
Citation: 487 F.Supp.3d 56 (D. Mass. 2020)
Significance: Courts may recognize remote work as a reasonable accommodation for disabilities

Key Principles from Massachusetts Courts:

  • Remote work may constitute a reasonable accommodation
  • Essential job functions must be performable remotely
  • Employers must engage in interactive process
  • Blanket denials of remote work may violate accommodation requirements

4.2 Interactive Process

Massachusetts law and federal ADA law require employers to engage in an “interactive process” when an employee requests accommodation.

Interactive Process Steps:

Step 1: Employee Requests Accommodation

  • Employee notifies employer of need for accommodation
  • May be verbal or written
  • Does not require use of specific words or forms
  • Must identify that accommodation is needed due to disability

Step 2: Employer Gathers Information

  • Employer may request medical documentation
  • Documentation should establish:
    • Existence of disability
    • Functional limitations
    • Need for requested accommodation
  • Employer may ask about specific limitations, not diagnosis

Step 3: Interactive Discussion

  • Employer and employee discuss:
    • Essential job functions
    • Barriers to performance
    • Possible accommodations
    • Effectiveness of accommodations
  • Both parties must engage in good faith

Step 4: Selection of Accommodation

  • Employer chooses effective accommodation
  • Need not be employee’s preferred accommodation
  • Must be effective in enabling essential function performance
  • May select least burdensome effective option

Step 5: Implementation and Monitoring

  • Implement chosen accommodation
  • Monitor effectiveness
  • Adjust if accommodation proves ineffective
  • Continue dialogue as needed

Source: MCAD guidance, EEOC guidance, Massachusetts case law
Available at: https://www.mass.gov and https://www.eeoc.gov

Employer Obligations:

  • Respond promptly to accommodation requests
  • Engage in good-faith interactive process
  • Consider employee’s preferred accommodation
  • Document interactive process
  • Maintain confidentiality of medical information

Employee Obligations:

  • Notify employer of need for accommodation
  • Provide necessary medical documentation
  • Participate in interactive process
  • Consider employer’s alternative accommodations
  • Update employer on changes in needs

4.3 Official Forms and Resources

Massachusetts Commission Against Discrimination:

The MCAD does not provide standardized accommodation request forms but publishes guidance on:

  • Employee rights to accommodation
  • Employer obligations
  • Interactive process requirements
  • Examples of reasonable accommodations

Available at: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination

Job Accommodation Network (JAN):

Federal resource providing:

  • Accommodation ideas by limitation
  • Accommodation ideas by disability
  • Information on interactive process
  • Employer resources

Contact Information:

  • Website: https://askjan.org
  • Telephone: 1-800-526-7234
  • TTY: 1-877-781-9403
  • Service: Free consulting service

EEOC Resources:

  • Reasonable Accommodation and Undue Hardship Guidance
  • Small Employers and Reasonable Accommodation
  • Enforcement Guidance on Reasonable Accommodation

Available at: https://www.eeoc.gov

4.4 Remote Work as Reasonable Accommodation

Post-pandemic, courts and agencies increasingly recognize remote work as a potential reasonable accommodation.

Key Considerations:

When Remote Work May Be Reasonable:

  • Job duties can be performed at home
  • Employee successfully performed work remotely during pandemic
  • Technology exists to enable remote performance
  • No safety requirements mandate physical presence
  • Supervision can occur remotely

When Remote Work May Not Be Required:

  • Physical presence is essential job function
  • Position requires in-person collaboration essential to role
  • Security or confidentiality concerns cannot be addressed remotely
  • Equipment or materials cannot be accessed from home
  • Remote work would impose undue hardship on employer

Source: Work from Home Labor Employment Rights in Massachusetts (legal analysis)
Date: 2022 analysis
Available at: National Law Review

Important: Each case is fact-specific. Courts examine:

  • Actual job duties (not job description)
  • Pre-pandemic vs. pandemic work arrangements
  • Employer’s operational needs
  • Industry practices
  • Size and resources of employer

Official Complaint Process

5.1 Massachusetts Commission Against Discrimination (MCAD)

Filing Deadline

Critical Deadline: 300 days from the last discriminatory act

According to M.G.L. c. 151B and 804 CMR 1.04(4):

“Complaints must be filed at the MCAD within 300 days from the last discriminatory act.”

Source: Deadline for Filing a Complaint of Discrimination at the MCAD
Citation: M.G.L. c.151B, 804 CMR 1.04(4)
Available at: https://www.mass.gov/info-details/deadline-for-filing-a-complaint-of-discrimination-at-the-mcad

Exceptions to 300-Day Deadline:

  • Continuing violations (series of related discriminatory acts)
  • Employer’s ongoing discriminatory policy or practice
  • Grievance proceedings initiated within 300 days
  • Voluntary mediation initiated within 300 days

Source: 804 CMR 1.04(4) (2020)

How to File a Complaint

Option 1: In-Person Filing (Recommended)

Visit any MCAD office for intake interview:

Boston Headquarters:

  • Address: 1 Ashburton Place, Suite 601, Boston, MA 02108
  • Hours: Monday-Friday, 9:00 AM – 5:00 PM
  • Phone: (617) 994-6000

Springfield Office:

  • Phone: (413) 739-2145
  • Hours: Monday-Friday, 9:00 AM – 5:00 PM

Worcester Office:

  • Phone: (508) 453-9630
  • Hours: Monday-Friday, 9:00 AM – 5:00 PM

Intake Services:

  • First-come, first-served basis
  • In-person video-conferencing kiosks available
  • Intake specialists provide assistance
  • No appointment required

Option 2: Virtual Filing

Schedule virtual intake appointment:

  • Available via Zoom
  • Contact MCAD offices to schedule
  • Phone: (617) 994-6000

Option 3: Mail-In Filing

Mail completed complaint to:

  • Address: MCAD Boston Headquarters, 1 Ashburton Place, Suite 601, Boston, MA 02108

Note: In-person or virtual filing is strongly encouraged to ensure complaint is properly completed.

Source: How to File a Complaint of Discrimination
Published by: Massachusetts Commission Against Discrimination
Available at: https://www.mass.gov/how-to/how-to-file-a-complaint-of-discrimination

MCAD Investigation Process

Step 1: Complaint Filing

  • Complainant files charge with MCAD
  • MCAD reviews complaint for jurisdiction
  • Complainant receives case number

Step 2: Respondent Notification

  • MCAD serves complaint on employer (respondent)
  • Employer must respond within specified timeframe
  • Response includes employer’s position and any defenses

Step 3: Investigation

  • MCAD investigates allegations
  • May request documents from both parties
  • May conduct interviews
  • May issue subpoenas if necessary
  • Standard investigation period: 18 months (may be extended if impracticable)

Step 4: Investigation Findings

If No Probable Cause Found:

  • Complainant receives right to sue letter
  • May file lawsuit in Superior Court within 90 days

If Probable Cause Found:

  • Case proceeds to conciliation attempts
  • If conciliation fails, public hearing may be held
  • Hearing before MCAD Commissioner
  • Commissioner issues decision and order

Step 5: Remedies

If discrimination is found, MCAD may order:

  • Back pay
  • Front pay
  • Reinstatement
  • Compensatory damages for emotional distress
  • Attorney’s fees and costs
  • Policy changes
  • Training requirements

Source: 804 CMR 1.00 – MCAD Rules of Procedure
Available at: https://www.mass.gov/doc/804-cmr-massachusetts-commission-against-discrimination-804-cmr-100-rules-of-procedure

Investigation Timeline

According to 804 CMR 1.05:

Housing Discrimination: Investigation completed within 100 days

Employment and Other Matters: Investigation completed within 18 months

“The investigation of a complaint shall be completed in no more than eighteen months following receipt of the complaint, unless it is impracticable to do so. If the Commission is unable to complete the investigation within these time periods, it shall notify the Complainant.”

Source: 804 CMR 1.05
Available at: https://www.mass.gov

Note: MCAD has experienced case backlogs. The Office of the State Auditor identified investigation delays in a 2021 audit.

Source: Audit of the Massachusetts Commission Against Discrimination
Date: 2021
Available at: https://www.mass.gov/audit/audit-of-the-massachusetts-commission-against-discrimination

5.2 U.S. Equal Employment Opportunity Commission (EEOC)

Filing Deadline

Federal Deadline: 300 days from discriminatory act (in Massachusetts)

Massachusetts is a “deferral state” with a Fair Employment Practice Agency (FEPA), which extends the EEOC filing deadline from 180 days to 300 days.

Source: EEOC Charge Filing Guidance
Available at: https://www.eeoc.gov

Dual-Filing Agreement

Massachusetts has a worksharing agreement with the EEOC.

How Dual-Filing Works:

  • Complaint filed with MCAD may be automatically filed with EEOC
  • Complaint filed with EEOC may be automatically filed with MCAD
  • Preserves rights under both state and federal law
  • Complainant should request dual-filing at intake

Benefits of Dual-Filing:

  • Preserves both state and federal claims
  • Provides two potential avenues for relief
  • Extends time for federal court filing

Source: EEOC Field Office information
Available at: https://www.eeoc.gov

How to File with EEOC

Option 1: Online Public Portal (Recommended)

Option 2: Telephone

  • Phone: 1-800-669-4000
  • TTY: 1-800-669-6820
  • Videophone: 1-844-234-5122 (Deaf/Hard of Hearing)
  • Schedule intake appointment

Option 3: In-Person

Boston Area Office:

  • Address: John F. Kennedy Federal Building, 15 New Sudbury Street, Room 475, Boston, MA 02203
  • Walk-In Hours: Monday-Friday, 10:00 AM – 2:00 PM
  • Note: Appointment strongly recommended; walk-ins screened for availability

Source: EEOC Boston Area Office
Available at: https://www.eeoc.gov/field-office/boston/location

EEOC Process

Step 1: Intake and Assessment

  • EEOC conducts intake interview
  • Assesses whether charge falls under EEOC jurisdiction
  • Charge of discrimination filed if jurisdiction exists

Step 2: Employer Notification

  • EEOC serves charge on employer
  • Employer must respond with position statement

Step 3: Investigation or Mediation

Mediation Option:

  • Voluntary process
  • No cost to parties
  • Conducted by EEOC mediator
  • Confidential

Investigation:

  • EEOC gathers evidence
  • May request documents, conduct interviews
  • May conduct on-site visit

Step 4: Determination

Cause Finding:

  • EEOC found reasonable cause discrimination occurred
  • Conciliation attempted
  • If conciliation fails, EEOC may file lawsuit or issue right to sue

No Cause Finding:

  • EEOC found no reasonable cause
  • Charging party receives right to sue letter
  • May file lawsuit within 90 days

Step 5: Right to Sue

Complainant may request right to sue letter:

  • After 180 days from filing charge
  • Allows filing lawsuit in federal court
  • Must file lawsuit within 90 days of receiving letter

Source: EEOC Enforcement Process
Available at: https://www.eeoc.gov

Published Official Documents

6.1 State-Specific Guidance Documents

Massachusetts Commission Against Discrimination Publications

MCAD Guidelines on Harassment in the Workplace (Draft)

MCAD FY24 Annual Report

  • Published by: Massachusetts Commission Against Discrimination
  • Date: January 6, 2025
  • Summary: Annual report covering MCAD activities July 1, 2023 – June 30, 2024
  • Link: Available on Mass.gov
  • Coverage: Case statistics, policy initiatives, training activities

Model Policies and Resources

COVID-19 Related Guidance (Historical)

Protocol for Worker and Office Safety

Reopening Massachusetts

6.2 State Statutes and Regulations

Massachusetts General Laws Chapter 151B

  • Title: Unlawful discrimination because of race, color, religious creed, national origin, ancestry or sex
  • Link: https://www.mass.gov/lists/mass-general-laws-c151b
  • Format: HTML with PDF links to individual sections
  • Coverage: Complete anti-discrimination statute with all amendments

804 CMR 1.00 – MCAD Rules of Procedure

804 CMR 3.00 – Discrimination in Employment

  • Title: MCAD Regulations on Employment Discrimination
  • Link: https://www.mass.gov
  • Coverage: Detailed regulations implementing M.G.L. c. 151B

6.3 Federal Resources

EEOC Guidance on Reasonable Accommodation

  • Published by: U.S. Equal Employment Opportunity Commission
  • Link: https://www.eeoc.gov
  • Topics: Interactive process, undue hardship, types of accommodations

ADA Requirements

  • Published by: U.S. Department of Justice
  • Link: https://www.ada.gov
  • Coverage: Complete ADA requirements and technical assistance

Job Accommodation Network Resources

  • Published by: Office of Disability Employment Policy, U.S. Department of Labor
  • Link: https://askjan.org
  • Coverage: Practical accommodation solutions, searchable database

6.4 State Employment Policy Documents

Telework Policy for Executive Department Agencies

  • Issued by: Massachusetts Executive Office for Administration and Finance
  • Date: Originally issued under Baker Administration (2021), continued under Healey Administration
  • Summary: Authorizes hybrid work model for state employees “where statutorily permissible and operationally feasible”
  • Scope: Massachusetts Executive Branch agencies only
  • Note: Does not apply to private sector employers

Source: Referenced in Boston Globe reporting and state government announcements

Resources & Contacts

8.1 Government Agency Directory

Massachusetts Commission Against Discrimination (MCAD) – Boston

MCAD – Springfield

MCAD – Worcester

MCAD – TTY

Massachusetts Department of Labor Standards

Attorney General’s Office – Fair Labor Hotline

EEOC Boston Area Office

EEOC – TTY

EEOC – Videophone

Massachusetts Executive Office of Labor and Workforce Development

Job Accommodation Network (JAN)

  • Official Website: https://askjan.org
  • Telephone: 1-800-526-7234
  • Function: Free accommodation consulting

8.2 Key Publications and Statutes

Massachusetts Statutes:

Massachusetts General Laws Chapter 151B

  • Title: Unlawful discrimination because of race, color, religious creed, national origin, ancestry or sex
  • Link: https://www.mass.gov/lists/mass-general-laws-c151b
  • Coverage: Complete anti-discrimination law with definitions, prohibited practices, enforcement

Massachusetts General Laws Chapter 149

Regulations:

804 CMR 1.00 – MCAD Rules of Procedure (2020)

804 CMR 3.00 – Discrimination in Employment

  • Link: Mass.gov regulatory database
  • Coverage: Detailed employment discrimination regulations

804 CMR 2.00 – Discrimination in Housing

  • Link: Mass.gov regulatory database
  • Coverage: Housing discrimination regulations

Federal Resources:

Americans with Disabilities Act (ADA)

  • Website: https://www.ada.gov
  • U.S. Code: 42 U.S.C. § 12101 et seq.
  • Coverage: Federal disability discrimination law

Title VII of the Civil Rights Act of 1964

  • Website: https://www.eeoc.gov
  • U.S. Code: 42 U.S.C. § 2000e et seq.
  • Coverage: Federal employment discrimination based on race, color, religion, sex, national origin

Age Discrimination in Employment Act (ADEA)

EEOC Technical Assistance

Guidance Documents:

EEOC – What You Should Know About COVID-19 and the ADA

EEOC – Reasonable Accommodation and Undue Hardship

Job Accommodation Network (JAN) – Accommodation Ideas

8.3 Legal Assistance Resources

For Information (Not Legal Advice):

Massachusetts Commission Against Discrimination:

  • Provides information on rights and how to file complaints
  • Does not provide legal advice or representation
  • Contact: (617) 994-6000

EEOC:

  • Provides information on federal discrimination laws
  • Does not provide legal advice or representation
  • Contact: 1-800-669-4000

For Legal Advice and Representation:

Massachusetts Bar Association Lawyer Referral Service:

Boston Bar Association Lawyer Referral Service:

Legal Aid Organizations (For Low-Income Individuals):

Greater Boston Legal Services:

  • Phone: (617) 371-1234
  • Website: https://www.gbls.org
  • Service Area: Boston and surrounding communities
  • Eligibility: Income-based

MetroWest Legal Services:

South Coastal Counties Legal Services:

  • Phone: (508) 775-7020
  • Website: https://www.sccls.org
  • Service Area: Bristol, Plymouth, Barnstable, Dukes, and Nantucket counties
  • Eligibility: Income-based

Massachusetts Legal Assistance Corporation:

  • Website: https://www.mlac.org
  • Function: Funds legal aid programs statewide
  • Find Local Programs: Use website to locate legal aid in your area

National Employment Lawyers Association (NELA):

Frequently Asked Questions - RTO mandate Massachusetts

What is Massachusetts’s return to office mandate?

Massachusetts does not have a state-mandated return to office requirement for private sector employers as of December 2025.

Key Points:

  • No state law requires or regulates return to office policies for private employers
  • Individual employers make their own return to office decisions
  • State government employees operate under a hybrid telework policy, but this does not apply to private sector
  • Federal government employees have separate federal requirements that do not affect Massachusetts employers

Private sector employers in Massachusetts operate under at-will employment principles and may establish return to office policies subject to anti-discrimination laws, reasonable accommodation requirements, and contractual obligations.

Source: Massachusetts General Court legislative records, Mass.gov
Available at: https://malegislature.gov

Does Massachusetts’s RTO policy apply to private employers?

No. Massachusetts has no return to office mandate that applies to private employers.

What Applies Instead:

  • At-will employment doctrine – employers may set workplace location policies
  • Anti-discrimination laws (M.G.L. c. 151B) – cannot discriminate based on protected class
  • Reasonable accommodation requirements – must accommodate qualified individuals with disabilities
  • Contract terms – must honor employment contracts and collective bargaining agreements

The telework policy for Massachusetts state employees applies only to Executive Branch agencies and does not create requirements or protections for private sector employees.

Source: Massachusetts law about employment termination, MCAD guidance
Available at: https://www.mass.gov

Can my employer force me back to the office in Massachusetts?

Generally yes, unless you have a contract, need a reasonable accommodation, or the requirement is discriminatory.

Legal Framework:

Massachusetts follows at-will employment, meaning:

  • Employers may change workplace location requirements
  • Employees may comply or resign
  • No legal right to work from home exists absent contract or accommodation need

Exceptions:

Employment Contract: If your contract specifies remote work, employer must honor contract terms.

Reasonable Accommodation: If you have a disability requiring remote work as accommodation, employer must engage in interactive process.

Collective Bargaining Agreement: Union contracts may include workplace location protections.

Discrimination or Retaliation: Employer cannot require return to office based on:

  • Protected class membership (race, gender, age, disability, etc.)
  • Retaliation for protected activity (filing discrimination complaint, requesting accommodation)

Source: Work from Home Labor Employment Rights in Massachusetts (legal analysis), M.G.L. c. 151B
Available at: National Law Review, Mass.gov

What are my accommodation rights under Massachusetts law?

Massachusetts law (M.G.L. c. 151B) requires employers with 6 or more employees to provide reasonable accommodations for qualified individuals with disabilities, unless doing so would cause undue hardship.

Your Rights:

Request Accommodation:

  • You may request remote work or other accommodations for disability-related reasons
  • Request can be verbal or written
  • You don’t need to mention specific laws or use legal terms

Interactive Process:

  • Employer must engage in good-faith dialogue with you
  • Employer may request medical documentation of disability and need for accommodation
  • Both parties discuss possible accommodations

Reasonable Accommodation:

  • Employer must provide effective accommodation
  • Need not be your preferred accommodation
  • Must enable you to perform essential job functions

Protected from Retaliation:

  • Employer cannot retaliate for requesting accommodation
  • Cannot discriminate based on disability

Note: Massachusetts law covers employers with 6+ employees, broader than federal ADA (15+ employees).

Source: Employment rights of people with disabilities, M.G.L. c. 151B § 1
Available at: https://www.mass.gov/info-details/employment-rights-of-people-with-disabilities

How do I file a discrimination complaint in Massachusetts?

You can file with the Massachusetts Commission Against Discrimination (MCAD) and/or the federal EEOC.

MCAD Filing Process:

Deadline: 300 days from last discriminatory act

How to File:

  1. In-Person (Recommended):
    • Visit Boston (617-994-6000), Springfield (413-739-2145), or Worcester (508-453-9630)
    • Hours: Monday-Friday, 9:00 AM – 5:00 PM
    • No appointment needed; first-come, first-served
  2. Virtual: Schedule Zoom appointment by calling MCAD offices
  3. Mail: Send complaint to MCAD Boston, 1 Ashburton Place, Suite 601, Boston, MA 02108

EEOC Filing Process:

Deadline: 300 days in Massachusetts (deferral state)

How to File:

  1. Online: https://publicportal.eeoc.gov/portal/
  2. Phone: 1-800-669-4000
  3. In-Person: Boston office, walk-in hours Monday-Friday 10:00 AM – 2:00 PM

Dual Filing Recommended: File with both MCAD and EEOC to preserve all rights.

Source: MCAD and EEOC official websites
Available at: https://www.mass.gov and https://www.eeoc.gov

Can I request remote work as a reasonable accommodation?

Yes, if you have a disability and remote work would enable you to perform the essential functions of your job.

Requirements:

You Must Show:

  • You have a disability (physical or mental impairment substantially limiting major life activity)
  • You can perform essential job functions with accommodation
  • Remote work is an effective accommodation for your disability

Employer May Consider:

  • Whether physical presence is essential job function
  • Whether job duties can be performed remotely
  • Impact on business operations
  • Undue hardship (significant difficulty or expense)

Recent Legal Developments:

Courts increasingly recognize remote work as a possible reasonable accommodation, especially post-pandemic. In Peeples v. Clinical Support Options, Inc. (D. Mass. 2020), a Massachusetts federal court prevented an employer from ending an asthmatic employee’s telework arrangement.

Key Factors Courts Examine:

  • Whether employee successfully performed duties remotely during pandemic
  • Actual job requirements vs. job description
  • Employer’s size and resources
  • Industry standards
  • Availability of technology

What If Denied:

If employer denies your request, they must:

  • Engage in interactive process
  • Consider your request in good faith
  • Provide reason for denial
  • Suggest alternative accommodations if available

You may file discrimination complaint with MCAD or EEOC if you believe denial was improper.

Source: Massachusetts case law, EEOC guidance, legal analysis
Available at: Federal court records, https://www.eeoc.gov

What is Massachusetts Chapter 151B?

Chapter 151B is Massachusetts’s primary anti-discrimination law, officially titled “Unlawful discrimination because of race, color, religious creed, national origin, ancestry or sex.”

Key Provisions:

Protected Classes:

  • Race
  • Color
  • Religious creed
  • National origin
  • Sex (including pregnancy, gender identity, sexual orientation)
  • Genetic information
  • Ancestry
  • Age (40+)
  • Disability
  • Military service status

Coverage:

  • Employers with 6 or more employees
  • All employers of domestic workers (regardless of size)
  • Labor organizations
  • Employment agencies

Prohibited Conduct:

  • Discrimination in hiring, firing, compensation, terms and conditions of employment
  • Harassment based on protected class membership
  • Retaliation for opposing discrimination or filing complaints
  • Failure to provide reasonable accommodation for disability

Enforcement:

  • Massachusetts Commission Against Discrimination (MCAD)
  • Private lawsuits in Superior Court

Remedies:

  • Back pay and front pay
  • Compensatory damages for emotional distress
  • Punitive damages (in court cases)
  • Attorney’s fees
  • Reinstatement or policy changes

Source: M.G.L. c. 151B
Available at: https://www.mass.gov/lists/mass-general-laws-c151b

Where do I file an EEOC complaint in Massachusetts?

File with the EEOC Boston Area Office, which covers Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont.

EEOC Boston Area Office:

Address:
John F. Kennedy Federal Building
15 New Sudbury Street, Room 475
Boston, MA 02203

Contact:

Hours:

  • Office: Monday-Friday, 8:30 AM – 5:00 PM
  • Walk-In Intake: Monday-Friday, 10:00 AM – 2:00 PM

How to File:

  1. Online (Recommended): Create account and submit intake questionnaire at https://publicportal.eeoc.gov/portal/
  2. Phone: Call 1-800-669-4000 to schedule appointment
  3. Walk-In: Visit during intake hours (appointment strongly recommended)

Deadline: 300 days from discriminatory act (Massachusetts is deferral state)

What to Expect:

  • Intake interview (in-person, phone, or video)
  • EEOC determines if charge falls under its jurisdiction
  • Charge of discrimination filed if jurisdictional
  • Investigation or mediation
  • Determination and possible right to sue letter

Source: EEOC Boston Area Office
Available at: https://www.eeoc.gov/field-office/boston/location

What is at-will employment in Massachusetts?

At-will employment means either the employer or employee may terminate the employment relationship at any time, for any lawful reason or no reason, with or without notice.

Massachusetts At-Will Doctrine:

According to Massachusetts law:

“Employers in Massachusetts, or in any other employee-at-will state, can fire any employee at any time for any reason — or even for no reason at all. An employer can terminate any employee, with or without notice.”

What This Means for Return to Office:

  • Employers may change workplace location requirements
  • Employers may require return to office
  • Employees may quit if they disagree with policy
  • No legal right to work from home absent contract or accommodation

Exceptions to At-Will Employment:

Written Contracts: Employment agreements may specify terms including work location.

Collective Bargaining Agreements: Union contracts may protect against unilateral workplace changes.

Public Policy Violations: Cannot fire employee for:

  • Refusing to violate law
  • Exercising legal rights
  • Performing public duties (jury service, military service)

Discrimination: Cannot make employment decisions based on protected class membership.

Retaliation: Cannot fire employee for:

  • Filing discrimination complaint
  • Reporting safety violations
  • Requesting reasonable accommodation
  • Opposing unlawful practices

Source: Massachusetts law about employment termination
Available at: https://www.mass.gov/info-details/massachusetts-law-about-employment-termination

What is the difference between state employee and private sector RTO requirements in Massachusetts?

State employees operate under a hybrid telework policy, while private sector employers have no state-mandated RTO requirements.

State Employees:

Policy: Hybrid work authorized “where statutorily permissible and operationally feasible”

Authority: Executive Office for Administration and Finance

Coverage: Executive Branch agencies only

Requirements: Supervisor approval required

Legal Basis: State personnel policy

Federal Orders: Not subject to Trump RTO order

Private Sector:

Policy: No state policy; employer determines

Authority: Individual employer management

Coverage: N/A – no state mandate

Requirements: Employer sets requirements

Legal Basis: At-will employment, contracts

Federal Orders: Not subject to federal RTO orders

State Employee Statistics (November 2025):

  • 49% report to office daily (20,870 of 42,746)
  • ~50% hybrid schedule
  • ~1,000 fully remote

Private Sector:

  • No state data collection on RTO policies
  • Varies by employer
  • Subject to at-will employment principles

Common Requirements for Both:

  • Anti-discrimination laws (M.G.L. c. 151B, federal law)
  • Reasonable accommodation requirements
  • Contract terms (where applicable)

Source: WCVB investigative report, Boston Globe, Mass.gov
Available at: Various news sources and state government websites

Can my employer require me to return to the office if I have childcare responsibilities?

Generally yes, unless you have a legal protection such as a disability accommodation or employment contract provision.

Legal Framework:

No General Right to Work From Home:

  • Childcare responsibilities alone do not create legal right to work remotely
  • Massachusetts does not require employers to provide remote work for childcare needs

Possible Protections:

1. Employment Contract: If your contract guarantees remote work, employer must honor it.

2. Disability Accommodation: If you have a disability requiring remote work, employer must accommodate unless it causes undue hardship.

3. Family and Medical Leave:

  • Massachusetts Paid Family and Medical Leave (PFML) – up to 26 weeks paid leave for certain family care
  • Massachusetts Parental Leave Act – 8 weeks unpaid leave for birth/adoption
  • Small Necessities Leave – 24 hours per year for school/childcare activities
  • Note: These provide leave, not right to work remotely

4. Pregnancy Accommodation: Pregnant Workers Fairness Act may require accommodations for pregnancy-related conditions.

What Employers May Consider (But Are Not Required To):

  • Flexible schedules
  • Hybrid arrangements
  • Alternative work hours
  • Part-time options

Source: Massachusetts labor laws, M.G.L. c. 151B, PFML statute
Available at: https://www.mass.gov

What should I do if my employer denies my accommodation request for remote work?

If your accommodation request is denied, take these steps to protect your rights.

Immediate Steps:

1. Request Explanation in Writing:

  • Ask employer to provide written explanation of denial
  • Document states reason for denial and alternatives considered
  • Keep all communications

2. Continue Interactive Process:

  • Ask if alternative accommodations are available
  • Employer must engage in good-faith dialogue
  • Consider whether alternatives would be effective

3. Gather Documentation:

  • Keep records of:
    • Original accommodation request
    • Medical documentation provided
    • All communications with employer
    • Reason for denial
    • Job duties and how you performed them (especially if worked remotely during pandemic)

4. Review Reasons:

  • Undue hardship must be significant, not merely inconvenient
  • Essential functions must truly require physical presence
  • Consider whether employer’s stated reasons are factual

Filing Complaint:

If you believe denial was improper:

Option 1: MCAD

Option 2: EEOC

Option 3: Legal Counsel

  • Consult employment attorney
  • Especially important if considering lawsuit
  • Attorney can evaluate strength of claim

What MCAD/EEOC Will Review:

  • Whether you have disability
  • Whether you can perform essential job functions
  • Whether requested accommodation is reasonable
  • Whether denial was justified (undue hardship, essential function)
  • Whether employer engaged in good-faith interactive process

Source: MCAD guidance, EEOC guidance
Available at: https://www.mass.gov and https://www.eeoc.gov

Is there pending RTO legislation in Massachusetts?

As of December 23, 2025, there is no pending legislation in Massachusetts mandating or regulating return to office policies for private sector employers.

Legislative Research:

Search conducted: Massachusetts General Court website
Date: December 2025
Search terms: “return to office”, “remote work mandate”, “telework requirements”, “hybrid work”

Result: No bills identified that mandate or regulate return to office for private sector.

Recent Legislative Activity:

Pay Transparency (Passed but not yet signed as of early 2025):

  • Requires salary ranges in job postings for employers with 25+ employees
  • Does not address work location or return to office
  • Separate issue from RTO requirements

Paid Family and Medical Leave:

  • Implemented in 2021
  • Provides paid leave, not remote work rights
  • No pending amendments affecting RTO policies

How to Monitor Future Legislation:

Massachusetts General Court Bill Search:

  • Website: https://malegislature.gov
  • Search for: “remote work”, “telework”, “return to office”
  • Current session: 193rd General Court (2023-2024)

Governor’s Office:

MCAD Website:

Source: Massachusetts General Court
Available at: https://malegislature.gov

How does Massachusetts compare to other states on RTO mandates?

Massachusetts has not implemented a state-level return to office mandate, similar to most states.

States With RTO Mandates for State Employees:

  • California: 4-day in-office requirement for state employees (delayed to 2026)
  • Ohio: Return to office order for state employees
  • Indiana: Return to office requirements for state employees
  • Note: These apply to state government employees only, not private sector

Federal Government:

  • President Trump issued return to office order for federal employees (January 2025)
  • Applies only to federal workers
  • Does not affect state or private sector employees

Massachusetts Approach:

  • No mandate for state employees
  • Hybrid work policy allows flexibility
  • 49% of state employees work in office daily
  • ~50% work hybrid schedules

Private Sector Trends:

According to Greater Boston Chamber of Commerce survey (2025):

  • 85% of Boston-area businesses use hybrid models
  • Most require 3 days per week in office
  • 9% fully remote
  • 6% fully in-person
  • Tuesday, Wednesday, Thursday busiest office days

Source: WCVB reporting, Greater Boston Chamber of Commerce survey
Available at: https://www.wcvb.com

What resources are available if I need legal help with RTO issues?

Several resources can provide assistance if you need legal help with return to office disputes.

Free Information and Filing:

Massachusetts Commission Against Discrimination (MCAD):

EEOC Boston Area Office:

  • Phone: 1-800-669-4000
  • Website: https://www.eeoc.gov
  • Services: File charges, investigation, mediation
  • Cost: Free

Job Accommodation Network (JAN):

  • Phone: 1-800-526-7234
  • Website: https://askjan.org
  • Services: Free consulting on accommodations
  • Cost: Free

Legal Assistance:

Massachusetts Bar Association Lawyer Referral Service:

Legal Aid Organizations:

Massachusetts Law Reform Institute:

Greater Boston Legal Services:

MetroWest Legal Services:

South Coastal Counties Legal Services:

Eligibility: Legal aid typically requires meeting income guidelines

Private Employment Attorneys:

For cases requiring litigation or complex legal strategy, consult private employment attorney.

How to Find:

  • State Bar referral service
  • Martindale-Hubbell directory
  • Avvo.com ratings and reviews
  • NELA (National Employment Lawyers Association)

Source: Various legal service providers
Available at: Respective websites

Others

Washington
Oregon
Montana
Wyoming
Hawaii

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current