Mass. Gen. Laws ch. 31, sec. 21 — MA Code / Part I / Title IV / Chapter 31 / Section 21
Educational and physical requirements; eligibility based on gender
Status: in_force

Section 21. The administrator may establish educational requirements and alternatives thereto, in addition to the educational requirements established by statute, as prerequisites for appointment to any civil service position. The administrator may also establish physical requirements, in addition to those established by statute and rule, as prerequisites for appointment to any civil service position; provided, however, that no applicant shall be discriminated against because he previously suffered from cancer if he is otherwise physically qualified and he signs a waiver of rights to disability benefits with respect to said cancer. The administrator may require an applicant for an original appointment to submit to physical examination prior to such appointment. The administrator may also require an applicant for a promotional appointment to submit a certificate of physical fitness signed by a physician approved by the administrator. Any person who is unable to meet a physical requirement established by the administrator shall not be disqualified as a result of such inability from applying for and receiving an appointment to a civil service position if such person submits proof, satisfactory to the administrator, that he was injured in the performance of his duties while employed pursuant to a provisional appointment in such position, that he is unable to meet the physical requirements established by the administrator for such position solely because of such injury, and that the injury does not prevent him from performing the duties of such position. Such person shall, however, be subject to all other requirements for appointment to the position. The administrator may limit eligibility for any examination for an original appointment to either male or female persons if the appointing authority requests such limitation in its requisition. Both male and female persons shall be presumed to be eligible for a promotional appointment to any civil service position; provided, however, that the administrator may limit such eligibility to either male or female persons if the duties and responsibilities of such position require special physical or medical standards or require custody or care of a person of a particular sex. The administrator shall notify the Massachusetts commission against discrimination when it issues a certification with this limitation. The administrator may limit eligibility to appear on a certification for an original appointment to persons who are fluent in a specified foreign language commonly spoken among the constituency to be served if the appointing authority requests such limitation in its requisition. For public safety departments that have entered into an agreement with the administrator to facilitate alternative pathway appointments under section 59A, at the end of the hiring cycle as defined by such agreement, any appointment to a municipal public safety position that resulted in the non-selection of another candidate entitled to a preference under section 26 and such other candidate would have been appointed but for the limitation of the special certification requiring foreign language fluency, the appointment shall be deemed by the local appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of foreign language fluency yielded an appointment of a candidate not entitled to any statutory preference.

Section 21. The administrator may establish educational requirements and alternatives thereto, in addition to the educational requirements established by statute, as prerequisites for appointment to any civil service position.

The administrator may also establish physical requirements, in addition to those established by statute and rule, as prerequisites for appointment to any civil service position; provided, however, that no applicant shall be discriminated against because he previously suffered from cancer if he is otherwise physically qualified and he signs a waiver of rights to disability benefits with respect to said cancer. The administrator may require an applicant for an original appointment to submit to physical examination prior to such appointment. The administrator may also require an applicant for a promotional appointment to submit a certificate of physical fitness signed by a physician approved by the administrator.

Any person who is unable to meet a physical requirement established by the administrator shall not be disqualified as a result of such inability from applying for and receiving an appointment to a civil service position if such person submits proof, satisfactory to the administrator, that he was injured in the performance of his duties while employed pursuant to a provisional appointment in such position, that he is unable to meet the physical requirements established by the administrator for such position solely because of such injury, and that the injury does not prevent him from performing the duties of such position. Such person shall, however, be subject to all other requirements for appointment to the position.

The administrator may limit eligibility for any examination for an original appointment to either male or female persons if the appointing authority requests such limitation in its requisition. Both male and female persons shall be presumed to be eligible for a promotional appointment to any civil service position; provided, however, that the administrator may limit such eligibility to either male or female persons if the duties and responsibilities of such position require special physical or medical standards or require custody or care of a person of a particular sex. The administrator shall notify the Massachusetts commission against discrimination when it issues a certification with this limitation.

The administrator may limit eligibility to appear on a certification for an original appointment to persons who are fluent in a specified foreign language commonly spoken among the constituency to be served if the appointing authority requests such limitation in its requisition. For public safety departments that have entered into an agreement with the administrator to facilitate alternative pathway appointments under section 59A, at the end of the hiring cycle as defined by such agreement, any appointment to a municipal public safety position that resulted in the non-selection of another candidate entitled to a preference under section 26 and such other candidate would have been appointed but for the limitation of the special certification requiring foreign language fluency, the appointment shall be deemed by the local appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of foreign language fluency yielded an appointment of a candidate not entitled to any statutory preference.