Michael Stefanilo, Jr. is a partner at BHPK Law practicing in its litigation group. He has been recognized by multiple reputable organizations as one of the best attorneys practicing law in Greater Boston, the Commonwealth of Massachusetts, New England, and the United States. As a civil litigator, Michael represents both plaintiffs and defendants with unprecedented success. He routinely handles employment law and civil rights matters, municipal and school law litigation and counseling, personal injury claims, and is a highly experienced insurance defense attorney. Michael practices in both federal and state court, and frequently before the Massachusetts Commission Against Discrimination. He also conducts internal investigations for private employers, police departments, municipalities, and schools.

An advocate of LGBTQ+ (lesbian, gay, bisexual, transgender, queer) rights, Michael founded BHPK Law’s LGBTQ+ Rights practice, specializing in handling anti-discrimination, harassment, retaliation, and sexual assault/abuse claims on behalf of aggrieved LGBTQ+ individuals. He is particularly sensitive to and aware of the issues presently facing members of the LGBTQ+ community in the workplace, schools, and in public accommodation, and is well versed in handling claims based on sexual orientation, sexuality, gender identity, and gender expression. To this end, Michael has been a well-received panelist on employment law issues facing LGBTQ+ and non-binary workers, and has also been published multiple times in national and respectable legal journals in the area of LGBTQ+ law. In 2022, Michael was awarded the prestigious honor of being named one of the Best LGBTQ+ Attorneys in the United States by the National LGBTQ+ Bar Association.

Michael not only represents victims of harassment and discrimination in the LGBTQ+ community, he also advocates on behalf of other survivors of unlawful discrimination in the workplace and in public accommodation, delivering remarkable results. To date, Michael has successfully represented a number of victims of workplace and public accommodation discrimination, harassment, retaliation, and sexual assault/abuse, and has a wealth of experience handling cases on behalf of both employers and employees arising out of discrimination based on sex, gender, race, color, religion, national origin, sexual orientation, and gender identity, in addition to hostile work environment and retaliation claims. Michael is also a highly knowledgeable wage and hour litigator, and handles complex employment litigation claims alleging wrongful termination, whistleblower, and breach of contract. Impressively, Michael has handled intricate litigation on behalf of, and against, major corporations and employers. He has filed and defended against class actions, and has negotiated settlements arising out of class action litigation on behalf of both his plaintiff and defense clients. In addition to his litigation skills, Michael acts as an investigator for employers into instances of alleged discrimination or harassment.

Notably, Michael is one of the leading attorneys in the Commonwealth with regard to its anti-sexual harassment statute in the education context. Chapter 214, Section 1C protects students from harassment and sexual assault in schools and Michael has been published twice in highly respectable legal journals regarding teacher-on-student sexual harassment in education and with regard to school bullying, including Bad Teacher: The Developing Legal Standard in Massachusetts for Teacher-on-Student Harassment. He is equipped to handle sexual abuse and sexual harassment claims in both the education and employment spheres on behalf of either party.

Finally, Michael zealously represents municipalities in claims brought pursuant to the Massachusetts Tort Claims Act, the Massachusetts and United States Civil Rights Acts, and the Massachusetts and United States Anti-Discrimination Statutes. Many of his successes as a litigator and trial lawyer in this area, and others, have received high-profile media coverage. Michael’s work as a trial attorney includes both favorable plaintiff and defense verdicts.

Not only a litigator, Michael is also a recognized legal scholar and has been published in the Northeastern University Law Review, the Sports Lawyers Journal, the Tulane Journal of Law & Sexuality, various American Bar Association and Federal Bar Association publications, and is a long-standing contributing author to Massachusetts Continuing Legal Education (“MCLE”). He has also been recognized by Massachusetts Lawyers Weekly, the National Law Journal, and Super Lawyers for being a top attorney in the Commonwealth and New England. Michael was also selected to the prestigious American Bar Association Section of Litigation's Diverse Leaders Academy, where he served a two-year term (2020-2022) alongside five other members of the bar from around the country, working to expand diversity among national leadership. Additionally, after a national write-on competition, Michael was selected to serve as an Editor to Litigation News, the ABA Section of Litigation's quarterly legal publication. In 2022, Michael was selected as one of only 33 attorneys in the Commonwealth to the Massachusetts Bar Association's Leadership Academy. That same year, he also served as the co-chair of the LGBT Law & Litigators Committee of the ABA’s Section of Litigation. Finally, Michael was distinguished as one of the Best LGBTQ+ Attorneys Under 40 in the nation by the National LGBTQ+ Bar Association. In 2023, he was named by Boston Magazine as one of the City's top attorneys and by Best Lawyers® to the Best Lawyers in America® list for the 2024 Ones to Watch edition.

Prior to joining BHPK, Michael worked as a law clerk for GLAD (“Gay & Lesbian Advocates & Defenders”, now known as “GLBTQ Legal Advocates & Defenders”), where he assisted in analyzing various legal issues facing the gay, lesbian, and transgender communities, including participation in GLAD’s successful and nationally recognized challenge to the Defense of Marriage Act. He also spent three months clerking for the United States Attorney’s Office for the District of Massachusetts.

While in law school, Michael served as the Managing Editor of the Northeastern University Law Review and was a teaching assistant for the Legal Research and Writing Program. At BHPK, Michael manages the firm's student internship program. In his spare time, he is a longtime member of the Boston-based 501(c)(3) non-profit organization, FLAG (Friends, Lesbians, and Gays) Flag Football, and presently serves on its Board of Directors. He also serves on the Board of Directors of the Boston Gay Basketball League (“BGBL”), another non-profit seeking to advance inclusion of the LGBTQ+ community in athletics.

Awards & Honors

• Best Lawyers in America: Ones to Watch (2024).
• Boston Magazine, Top Lawyers (2023).
• National LGBTQ+ Bar Association, Best LGBTQ+ Lawyers Under 40 (2022).
• Massachusetts Bar Association, Leadership Academy (2022).
• Super Lawyers New England, “Rising Star” in Employment Law (2014-present).
• American Bar Association, Section of Litigation, Litigation News, Editor (2020-present).
• American Bar Association, Section of Litigation's Diverse Leaders Academy (2020-2022).
• Massachusetts Lawyers Weekly, Excellence in the Law, One of 25 “Up & Coming” attorneys in the Commonwealth (2018).
• National Law Journal, Top 40 Attorney Under 40 in Boston (2015).
• National LGBT Bar Association, First Place, Annual Michael Greenberg National Writing Competition, Identity Interrupted: The Parental Notification Requirement of the Massachusetts Anti-Bullying Law, published in the Tulane Journal of Law & Sexuality, 21 Tul.J. L. & Sexuality 125 (2012).

Publications & Panels

• Author, American Bar Association, Litigation News, September 2023, Dying Patient’s “Rights” Bow to Hospital Policy.
• Author, American Bar Association, Litigation News, January 2023, Student’s Antisemitic “Snap” Protected as Free Speech.
• Author, American Bar Association, Litigation News, September 2022, Discovery Depositions Ruled Inadmissible at Trial.
• Author, American Bar Association, Litigation News, June 2022, Rule of Civil Procedure Does Not Bar Personal Jurisdiction.
• Author, American Bar Association, Litigation News, April 2022, Failure to Mediate Causes Dismissal of Case.
• Author, American Bar Association, Litigation News, March 2022, Website May Constitute Agreement to Arbitrate. 
• Author, American Bar Association, Litigation News, PRINT EDITION, Winter 2022, Vol. 47, No. 2, Roots of Deported Alien Statute Found Unconstitutional.
• Author, American Bar Association, Litigation News, January 2022, Anti-discrimination Prohibition Struck Down As Preempted.
• Author, American Bar Association, Litigation News, June 2021, Oh, the Places You Won’t Go: Court Rejects Fair Use Argument.
• Author,  American Bar Association, Litigation News, February 2021, Misappropriation Litigants Must Show Evidence of Impropriety.
• Author, American Bar Association, Litigation News, December 2020, Ethics Opinion Clarifies Scope of Anti-discrimination Rule.
• Faculty, Massachusetts Continuing Legal Education, Direct & Cross Examination, Spring 2020 & 2021
• Author, Federal Bar Association, Civil Rights Section’s Civil Rights Insider, Summer 2020, Under the Pressure of Great Dangers: Right to assemble can be restricted when the safety of the general public so demands.
• Author, American Bar Association, Section of Litigation's Practice Point series, June 2020, It’s All Fun and Games until Someone Loses an Expert.
• Author, Federal Bar Association, OUTSide Influence, Spring 2020, Because of Sex: Exploring the Legislative Solution to Expanding Title VII.
• Legal Commentator, Outsports, May 2020, Judge’s ruling against USWNT equal pay lawsuit based on ‘appropriate application’ of law.
• Author, American Bar Association, Section of Litigation’s Practice Points series, April 2020, Rule 11 Sanctions Are Not Fit for Every Occasion: There’s a time and a place for everything.
• Author, Federal Bar Association, Civil Rights Section’s Civil Rights Insider, Spring 2020, First Circuit Wrestles With Use Of Taser On Mentally Ill Suspect In Excessive Force Case.
• Author, American Bar Association, Section of Litigation’s Practice Points series, March 2020, Discovery Limits: The Tension and Interplay Between Local Rules and the Rules of Civil Procedure.
• Panelist, Northeastern University’s Annual Labor & Employment Program, Winter 2019, Evolving Issues in the Workplace and the Courts for LGBTQ and Nonbinary Workers.
• Author, Northeastern University Law Review, Ne. U. L. Rev., Winter 2018, Bad Teacher: The Developing Legal Standard In Massachusetts For Teacher-On-Student Harassment.
• Author, Sports Lawyers Journal, 20 Sports Law. J. 21 (2013), If You Can Play ... You Can Play - An Exploration of the Current Culture Surrounding Gay Athletes in Professional Sports with a particular focus on Apilado v. NAGAAA.
• Author, Tulane Journal of Law & Sexuality, 21 Tul. J. L. &Sexuality 125 (2012), Identity, Interrupted: The Parental Notification Requirement of the Massachusetts Anti-Bullying Law.
• Contributing Author, Massachusetts Continuing Legal Education’s School Law Text (2015-present) (available on Westlaw).

News and Results

Due to the sensitive, confidential, and sometimes high-profile nature of many of Michael’s most successful settlements – particularly those relating to the harassment, discrimination, sexual abuse, and/or retaliation against LGBTQ+ (lesbian, gay, bisexual, transgender, queer), non-binary, female, or other employees who identify as minorities based on race, sex, gender, national origin, color, sexual orientation, gender identity, gender expression, or otherwise – often in the corporate setting, the results are governed by confidentiality or non-disclosure agreements and cannot be featured here.

To date, Michael has handled hundreds of cases on behalf of his clients with a distinguished record of success. Some highlights include:

• Class Action Complaint (2023), Sheffield, et al v. U.S. Dept. of Veterans Affairs, et al., D. Mass., C.A. No. 1:23-cv-11757-LTS (equal protection claims filed arising out of defendants refusing equal access to IVF services to female veterans in same-sex marriages). Media:  Boston Globe, August 3, 2023.
• Summary Judgment & Appeal, Diaz v. City of Somerville, D. Mass., C.A. 1:19-cv-11361-JCB (February 3, 2022), aff’d on appeal, C.A. 22-1137 (1st Cir. 2023) (judgment entered in favor of municipal client and police department against employment-based claims for discrimination in federal court).
• Summary Judgment & Appeal, Jacquet v. City of Somerville, D. Mass., C.A. No. 1:18-cv-10167-GAO (July 1, 2020), aff’d on appeal, C.A. 20-1756 (1st Cir. 2021) (judgment entered in favor of municipal client against employment-based claims in federal court).
• Summary Judgment & Appeal, Maglione v. Nashoba School District, et al., C.A. No. 17-1516 (Middlesex Superior Court) (April 2020), aff’d on appeal, C.A. 2020-P-1083 (Mass.App.Ct. 2021) (judgment entered in favor of school client in age discrimination and breach of contract case).
• Jury Verdict (April 2021), McSweeney v. City of Brockton, et al., D. Mass., C.A. No. 1:18-cv-10968-DJC (defense verdict in favor of City and its law enforcement personnel against federal constitutional claims).
• Class Action Complaint (2020), Delvecchio, et al v. Town Sports International, LLC, D. Mass., C.A. No. 1:20-CV-10666-MLW (consumer protection claims filed arising out of defendant charging members fees during COVID-19 shutdowns). Media: OUTSPORTS, SB Nation, April 9, 2020; Boston Globe, April 6, 2020.
• Summary Judgment (February 2020), Williams v. City of Brockton, et al., D. Mass., C.A. No. 1:12-CV-12193-IT (February 24, 2020) (judgment entered in favor of all clients against unprecedented False Claims Act theory seeking millions of dollars). Media: Brockton Enterprise, October 23, 2019; Mass. Lawyers Weekly, February 27, 2020.
• Jury Verdict (August 2019), Toro v. Triumph Modular Inc., Middlesex Superior Court, C.A. No. 1681-CV-00454 (defense verdict in favor of client in personal injury action based on novel “assumed duty” theory of liability).
• Jury Verdict (January 2019), Frissore v. Schondelmeyer, et al., Middlesex Superior Court, C.A. No. 14-7440 (jury awarded client $750,000 inclusive of interest in defamation action). Media: Boston Herald, January 15, 2019.
• Summary Judgment & Appeal, Kelly v. Town of Chelmsford, C.A. 1:15-cv-14219-ADB, aff’d on appeal, C.A. 19-1323 (1st Cir. 2019) (judgment entered in favor of client against Section 1983 allegations predicated on supposed violations of the plaintiff’s First Amendment rights for having to view nativity scene on municipal property).
• Complaint (settled out of court, 2019), Sceviour v. McKeon, et al., C.A. No. 1:17-CV-12191-GAO & Suffolk Superior Court, C.A. No. 1884-CV-01943 (resulted in investigations by the Attorney General and State Police exonerating client; Ethics Commission complaints against co-conspirators). Media: Boston Globe, November 9, 2017; Huffington Post, November 8, 2017; Washington Post, November 8, 2017; Boston Herald, January 29, 2017; Worcester Telegram, November 1, 2019.
• Class Action Complaint (settled out of court, 2019), Millan, et al. v. Flight Systems & Services, Inc., C.A. 1:19-CV-10667-DJC (allegations of Wage Act Violations – wage & hour class action). Media: The Boston Globe, May 27, 2019.
• Summary Judgment & Appeal (2018), Mondol v. City of Somerville, et al., D. Mass., C.A. No. 1:15-CV-13697-ADB (Oct. 26, 2017), aff’d on appeal, 746 Fed. Appx. 35 (1st Cir. 2018) (judgment entered in favor of all clients in case arising out of high-profile sexual assault at soccer camp). Media: Boston Globe, October 27, 2017; Mass. Lawyers Weekly, August 29, 2018.
• Summary Judgment (2018), Lopez v. City of Somerville, et al., D. Mass., No. 16-CV-11877-LTS (Oct. 31, 2018) (judgment entered in favor of all clients in case arising out of high-profile sexual assault at soccer camp).
• Complaint (2018), Downey v. Massachusetts State Police, et al., Suffolk Superior Court, C.A. No. 18-1875-C (employment discrimination claims under theories of sex discrimination and retaliation). Media: Boston Globe, January 25, 2018.
• Jury Verdict & Appeal (2018), Alves v. Borum, et al., D. Mass., C.A. No. 1:12-CV-10935-MLW (2015), aff’d on appeal, C.A. 15-2034 (1st Cir. 2018) (defense verdict in favor of client in alleged racially motivated assault by off-duty police officers). Media: Cape Cod Times, August 17, 2015.
• Complaint (settled out of court, 2016), Boston Cab Dispatch, et al v. Uber Technologies, Inc., C.A. No. 1:13-cv-10769-NMG (business-to-business unfair competition, Chapter 93A, and RICO claims arising from Uber’s alleged failure to follow laws applicable to hackney carriages). Media: Boston Globe, March 13, 2013.
• Jury Verdict (2015), Bliss v. Town of Wareham, et al., D. Mass., C.A. No. 1:13-CV-10768-JCB (December 1, 2015) (defense verdict in favor of Town and former police chief against allegations of First Amendment violations and retaliation in employment).
• Complaint (settled out of court, 2015), Koch v. Metropolitan Property & Casualty Insurance Company, et al., Suffolk Superior Court, C.A. No. 14-1779-B (property damage claim arising out of devastating Back Bay fire in Boston; novel questions of law regarding enforcement of waiver of subrogation clause by one condo owner against another). Media: Boston Globe, February 1, 2014; Mass. Lawyers Weekly, March 31, 2016.
• Complaint (settled out of court, 2015), Racicot v. Polyvinyl Films, et al., C.A. No. 1:15-CV-40092-TSH (2015) (employment discrimination claims under Title VII and Chapter 151 based on sex, sexual orientation, hostile work environment, and retaliation against corporate employer).
• Complaint (settled out of court, 2014), Fox v. Simplex Grinnell, et al., Norfolk Superior Court, C.A. No. 12-00935 (employment discrimination claims based on sex, hostile work environment, and retaliation against corporate employer).

Agency Decisions

• Luciani v. Saltbox Kitchen, MCAD No. 20BEM00719 (2023 Decision) (represented restaurant and its owner to successful LOPC finding against claims of age discrimination).
• Romeo v. Town of Winthrop, et al., MCAD No. 18BEM02981 (2022 Decision) (represented Town and Police Chief against multi-year claims of retaliation through appeal of LOPC – affirmed).
• Larkin v. City of Somerville, MCAD No. 19NEM01041 (2022 Decision) (represented Town and Police Chief against multi-year claims of retaliation through appeal of LOPC – affirmed).
• Frusciante v. Fivesix, Inc., MCAD No. 20BEM01188 (2021 Decision) (represented small business against claims of discrimination and hostile work environment through appeal of LOPC – affirmed).

• Carroll v. Evans on the Common, et al., MCAD No. 19WEM02913 (2021 Decision) (represented small business against complaints of age discrimination by long-time employee).
• D'Alessandro v. LaCasse, et al., MCAD No. 20BPR02334 (2021 Decision) (represented condo trust successfully to LOPC finding against claims of familial association discrimination and gender discrimination).
• Langevin v. Lennon Bros. Realty Inc., MCAD No. 19BEM02009 (2020 Decision) (represented employer successfully on Motion to Dismiss for lack of subject matter jurisdiction).
• Tania Word v. Lin Van Corp. d/b/a Mrs. B's Café, MCAD No. 19BEM01756 (2020 Decision) (represented employer to LOPC finding against claims of race and color discrimination).
• Hussey-Rogers v. City of Somerville, et al., 19BEM00824 (2019 Decision) (represented City department to LOPC finding as to all of Complainant’s claims, including her claim for sex discrimination).
• Hodges v. City of Brockton, MCAD No. 17BEM02706 (2019 Decision) (represented City and its department officials in employment discrimination claims based on race through appeal of LOPC – affirmed).
• Carrabba v. Town of Harvard, et al., MCAD No. 17WEM00019 (2019 Decision) (represented Town department to LOPC finding as to all of Complainant’s claims, including claim for age discrimination in employment).
• Hartmann v. Ameri, et al., MCAD No. 18WEM01956 (2019 Decision) (represented employer against claims of sexual harassment and hostile work environment on successful motion to dismiss).
• Zadok v. Town of Carver, et al., MCAD No. 16BEM03432 (2018 Decision) (represented Town and its police chief in employment discrimination claims based on age and disability through appeal of LOPC – affirmed).
• Hindley v. Town of Cohasset, MCAD No. 17BEM00244 (2018 Decision) (represented Town to LOPC finding against claims for disability discrimination by long-time town employee).