In the wake of a recent Superior Court decision in Massachusetts, the Commonwealth no longer recognizes Portuguese-owned construction firms as minority-owned businesses (MBEs). Massachusetts General Laws ch. 7C sec. 6 requires that public agencies retain a certain percentage of minority- and women-owned businesses for each of its construction projects. The Commonwealth enacted the statute to combat a lack of diversity and a documented history of discrimination against minority- and women-owned businesses in Massachusetts.

Under the statute, a minority is defined as “a person with a permanent residence in the United States who is American Indian, Black, Cape Verdean, Western Hemisphere Hispanic, Aleut, Eskimo, or Asian.” In addition, the Massachusetts Regulation that governs the certification of minority- and women-owned businesses in Massachusetts, 425 CMR 2.02, states that “Portuguese persons shall only be included in the definition of minority if specifically set forth in programs funded by state transportation bond statutes which include such persons as eligible participants.”