November 20, 2017

November 20, 2017

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November 17, 2017

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Massachusetts Senate Passes Pregnant Workers Fairness Act

The Massachusetts Senate has unanimously voted to pass “An Act Establishing the Massachusetts Pregnant Workers Fairness Act” (“MPWFA”) in an effort to make sure that pregnant and nursing employees receive the same protections under Mass. Gen. Laws Chapter 151B as do other protected classes of employees. The bill, which had previously unanimously passed in the House, contains a minor amendment from its House counterpart and will therefore have to be reconciled in the House before being sent to Governor Baker to be signed into law. Once signed, the Act will take effect on April 1, 2018. The Act as passed by the Senate can be found in full in the PDF linked at the Commonwealth’s website.

The MPWFA, as currently composed, would make “pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child” a protected category under Section 4 of Chapter 151B, which previously only protected employees from discrimination on the basis of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, or veteran status. Accordingly, the MPFWA makes it illegal for an employee to discriminate on the basis of pregnancy or a condition related to pregnancy, and also makes it illegal for an employer to deny a reasonable accommodation (such as allowing more frequent meal breaks, bathroom breaks, limits on heavy lifting, private nursing spaces, etc.) for a pregnant or nursing employee.

Moreover, the Act makes it unlawful for employers to:

  • Take adverse actions against such employees who make requests for accommodations;

  • Deny an employment opportunity if the denial is based on the employer’s need to make an accommodation;

  • Require an employee to accept an accommodation that the employee chooses not to accept;

  • Require an employee to take leave if another reasonable accommodation may be provided; and

  • Refuse to hire a person who is pregnant because of the pregnancy or conditions related thereto (provided that person can perform the essential functions of the job with reasonable accommodation).

Once the Act is signed into law, employers will be required provide written notice of the MPWFA to employees by April 1, 2018.

Special thanks to Tom Fiascone, a Summer Associate in the Boston office, for his assistance in preparing this post.

© 2017 Proskauer Rose LLP.

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About this Author

Scott Faust, Labor Attorney, Proskauer Rose Law Firm
Partner

Scott A. Faust is a Partner in the Labor & Employment Law Department, co-head of the Strategic Corporate Planning Group and a member of the Labor-Management Relations Group, resident in the Boston office. He focuses his practice on all aspects of labor and employment law, and regularly handles collective bargaining negotiations, arbitration, mediation and litigation of labor and employment disputes on behalf of his clients.

617.526.9650
Law Clerk

Samantha Regenbogen is a law clerk in the Labor & Employment Department. 

Samantha was a summer associate in Proskauer's New York Office, and was involved in drafting briefs and memorandums for both wage and hour class actions and single-plaintiff discrimination cases. Before joining Proskauer, Samantha was an intern with the Enforcement Unit of the Massachusetts Commission Against Discrimination, where she investigated complaints and drafted dispositions.

During her time at Harvard Law School, Samantha served as a board member of the Women's Law Association and was a cast member and artistic director of the HLS Parody.

617-526-9746