If the commissioner or any of his authorized representatives has reason to believe that any employer has dismissed from private sector employment or has refused to employ any person over the age of forty because of his age, except as permitted by subsection 17 of section 4 of chapter one hundred and fifty-one B, the commissioner may, on ten days' notice, summon such employer to appear before him to show cause why the name of such employer should not be published as having failed to observe the provisions of sections twenty-four A to twenty-four J, inclusive. After such hearing and the finding by the commissioner of nonobservance of the provisions of said sections, the commissioner may cause to be published in a newspaper or newspapers circulating within the commonwealth or in such other manner as such commissioner may deem appropriate, the name of such employer as having failed to observe the provisions of said sections. Neither the commissioner nor any of his authorized representatives, nor any newspaper publisher, proprietor, editor, nor employee thereof shall be liable to an action for damages for publishing the name of any employer as provided for in this section, unless guilty of some wilful misrepresentation.
Mass. Gen. Laws ch. 149, § 24G