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. Prior to any such limitation of appointment or promotion, the administrator shall submit in writing to the Massachusetts commission against discrimination a request for its recommendations on such proposed limitations.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title IV - Civil Service, Retirements and Pensions
Section 2 - Powers and Duties of Commission
Section 4 - New or Amended Rules; Hearings; Publication
Section 5 - Powers and Duties of Administrator
Section 6 - Appointments; Requisitions
Section 6a - Performance Evaluation System; Implementation
Section 6b - Weight of Performance Evaluation in Promotions
Section 6c - Employee Disagreement With Evaluation; Appeal
Section 7 - Promotional Appointments in Official Service
Section 8 - Promotional Appointments in Official Service Within Same Departmental Unit
Section 9 - Departmental Promotional Examinations
Section 10 - Alternate Departmental Promotional Examinations
Section 11 - Competitive Promotional Examinations
Section 12 - Provisional Appointments
Section 13 - Provisional Appointments; Notice; Filing
Section 14 - Provisional Appointments; Authorization; Reports; Length of Service; Termination
Section 15 - Provisional Promotions
Section 16 - Scope of Examinations; Marks; Appointments Based Solely on Training and Experience
Section 17 - Persons With Bachelor's Degrees; Examination; Eligible List; Certification
Section 18 - Notice of Examinations for Original Appointments; Posting
Section 19 - Notice of Examination for Promotional Appointments; Posting
Section 20 - Applications for Examination or Registration; Fees; Requests for Information
Section 21 - Educational and Physical Requirements; Eligibility Based on Gender
Section 22 - Passing Requirements of Examinations; Credits; Requests for Review
Section 23 - Review of Examination Papers; Errors
Section 24 - Appeals; Petitions
Section 25 - Eligible Lists; Certification; Refusal to Accept Employment
Section 27 - Appointment or Promotion; Manner of Selection
Section 28 - Labor Service Applicants; Eligibility; Age Limit; Veteran's Preference
Section 28a - Appointment of Apprentice Lineman; Age Restrictions
Section 29 - Labor Service Appointments; Promotional Bulletins
Section 30 - Promotional Appointments From Labor Service to Official Service
Section 31 - Emergency Appointments; Renewal
Section 32 - Emergency Appointments to Laborer Positions; Renewal
Section 33 - Seniority; Computing Length of Service
Section 34 - Probationary Periods
Section 36 - Transfers From Official Service to Labor Service Positions
Section 37 - Leaves of Absence
Section 38 - Unauthorized Leaves of Absence; Reports; Separation From Employment; Review
Section 39 - Separation From Employment; Lack of Work or Money; Abolition of Position; Disability
Section 39a - Conditional Employees
Section 40 - Reemployment List
Section 41a - Discharge, Removal or Suspension; Hearing Before Disinterested Hearing Officer; Review
Section 42 - Complaints; Hearings; Jurisdiction; Filing of Civil Action
Section 43 - Hearings Before Commission
Section 45 - Reimbursement for Defense Expenses
Section 46 - Reinstatement; Hearings
Section 48 - Civil Service Offices and Positions; Exemptions
Section 50 - Persons Ineligible for Civil Service
Section 51 - Cities; Civil Service Offices and Positions
Section 52 - Towns; Civil Service Offices and Positions
Section 53 - Application of Chapter to Municipalities; School Districts; Elections
Section 54 - Petitions; Number of Signatures; Filing
Section 55 - Signatures to Petitions; Certification; Objections
Section 56 - Incumbents; Status; Seniority; Transfer of School Employees
Section 58 - Municipal Police Officers and Firefighters; Qualification
Section 58a - Municipal Police Officers and Firefighters; Maximum Age Restrictions
Section 59 - Municipal Police Officers and Fire Fighters; Examinations; Appointments and Promotions
Section 60 - Intermittent or Reserve Police or Fire Forces; Appointments to Regular Force
Section 61 - Municipal Police Officers or Fire Fighters; Probationary Periods; Evaluation
Section 61a - Police Officer and Firefighter Health and Physical Fitness Standards
Section 61b - Wellness Program for Police Officers and Firefighters
Section 62 - Punishment Duty; Police Officers or Fire Fighters
Section 62a - Punishment Duty; Police Officers or Firefighters Employed by Cities or Towns
Section 63 - Paraplegic Persons; Municipal Police or Fire Departments; Appointments
Section 64 - Massachusetts Bay Transportation Authority Police; Qualifications
Section 66 - Labor Service Positions in Highways Department; Certification; Promotions; Districts
Section 67 - Annual List of Civil Service Employees; Posting; Enforcement; Penalties
Section 68 - Reports of Appointment, Promotion, Demotion, Leaves of Absence, Etc.
Section 70 - Records; Examination Papers; Inspection; Destruction
Section 71 - Rosters of Positions; Filing; Use; Penalties
Section 72 - Investigations; Subpoenas; Summoning Witnesses, Etc.
Section 73 - Violations; Notice; Writs of Mandamus
Section 74 - Prohibited Activities; Penalties
Section 75 - Rights of Municipal Employees
Section 76 - Positions Subject to Federal Merit System Standards; Minimum Qualifications