Educational Institutions Affiliated With Religious Organizations

Massachusetts statute G. L. c. 151B prohibits, among other things, employers from discriminating on the basis of race, color, religious creed, national origin, ancestry, sex, gender identity, or sexual orientation. There are two statutory provisions, however, which limit the scope of the statute as it applies to religiously-affiliated educational institutions taking action based on religious principles with respect to matters of employment. The first provision, found in G. L. c. 151B §1(5), exempts from the definition of "employer" educational institutions that are "operated supervised or controlled by or in connection with a religious organization, and which limit[] membership, enrollment, admission, or participation to members of that religious organization." The second provision, found in G. L. c. 151B §4(18), exempts from the statute "any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection