(Last Updated On: December 5, 2024)
Massachusetts state and federal laws provide a range of protections for pregnant employees, as well as for employees who may become pregnant and for those experiencing pregnancy-related disabilities. These laws include protections against discrimination, requirements for employers to offer reasonable accommodations, breastfeeding and pumping accommodations, and family leave rights for employees. Whether you are an employee who is currently pregnant or considering becoming pregnant and you have questions about pregnancy discrimination or certain rights related to pregnancy, or you are an employer with questions about complying with state and federal laws, our Natick and Boston employment lawyers can help.
The following information outlines pregnancy rights and related laws in Massachusetts employment. If you have more specific questions or want to discuss particular details with a lawyer, you should get in touch with Rodman Employment Law for assistance.
Laws Protecting Pregnant Workers and Prohibiting Pregnancy Discrimination in Massachusetts
Both federal and state laws provide protections against pregnancy and pregnancy-related discrimination in Massachusetts employment situations.
Under federal law, the Pregnancy Discrimination Act of 1978 (PDA), which is now part of Title VII of the Civil Rights Act of 1964, prohibits employers from discriminating against job applicants or employees on the basis of pregnancy. It applies to employers with 15 or more employees.
Under state law, the Pregnant Workers Fairness Act (PWFA) prohibits discrimination on the basis of pregnancy and also provides additional pregnancy-related protections to job applicants and employees in Massachusetts. The PWFA provides greater protections than federal law does, and whenever this is the case, an employer must comply with state law.
Prohibitions Against Pregnancy Discrimination
Unlawful pregnancy discrimination can take many different forms, from discrimination in hiring to decisions concerning promotion or scheduling to termination. The following are just some examples of unlawful pregnancy discrimination in Natick or Boston workplaces:
- Advertising a job to potential employees who do not plan to become pregnant;
- Asking job applicants if they plan to become pregnant;
- Refusing to hire a pregnant job applicant or a job applicant who may soon become pregnant on the basis of pregnancy;
- Denying a promotion or raise to an employee who has recently become pregnant or has discussed plans to become pregnant;
- Transferring a pregnant employee to a less desirable position or giving a pregnant employee a less desirable schedule;
- Refusing to allow a formerly pregnant employee who took leave to return to their former position; and/or
- Terminating an employee after learning they have become pregnant.
Discrimination in the case of pregnancy can also take the form of disability discrimination. If an employee has a pregnancy-related disability, they can be entitled to a reasonable accommodation unless the employer can prove that it would impose an undue hardship.
Breastfeeding and Pumping Requirements in Boston and Natick
Massachusetts employees who have recently given birth also have rights to breastfeeding or pumping places. Employees must have access to a private, non-bathroom space for expressing breast milk, and their employer is not allowed to request documentation for this accommodation.
Leave Laws for Pregnant Employees
Federal and state laws both provide protections for employees who seek job-protected leave as a result of pregnancy or childbirth.
The MA Parental Leave Act, known formerly as the MA Maternity Leave in the Workplace law and the Paid Family Medical Leave (PFML) program both provide protections and rights to Massachusetts employees who want or need to take leave due to a pregnancy, pregnancy-related condition, or childbirth. Employees in Massachusetts who have earned at least $5,700 over the previous 12-month period can be eligible for job-protected paid family leave to bond with a newborn child.
Under federal law, the Family and Medical Leave Act (FMLA) also provides up to 12 weeks of job-protected unpaid leave to bond with a newborn child and for other family and medical situations. Typically, when an employee is eligible for both PFML and FMLA, the two will run concurrently, and the employee will receive the benefits from PFML since state law provides more benefits than federal law.
Contact a Massachusetts Employment Law Attorney
If you have any questions about pregnancy discrimination in employment or any questions or concerns about your rights as an employee or your responsibilities as an employer, it is important to seek legal advice. One of our experienced Boston and Natick employment law attorneys can speak with you today and answer your questions about relevant laws in Massachusetts. We have years of experience handling a range of sex and gender discrimination cases, including pregnancy discrimination, and we also routinely assist clients with leave laws, pumping laws, and other laws related to pregnancy and employee rights in the state. Contact Rodman Employment Law today to learn more about how we can assist you.
