(Last Updated On: June 24, 2025)
Employers in Massachusetts need to have a clear understanding of state and federal laws concerning pregnancy discrimination, pregnancy-related accommodations, and breastfeeding rights and accommodations in the workplace. To be clear, employers in Boston and Natick must be in compliance with laws that prohibit pregnancy discrimination, that provide for certain pregnancy-related accommodations, that allow for pregnancy-related leave, and that require certain spaces and times for breastfeeding employees to pump. The following is a general guide for employers to understand their obligations under these laws. To ensure that your workplace is in compliance, it is important to seek advice from an experienced Massachusetts pregnancy discrimination lawyer.
Pregnant Workers Fairness Act
Since 2018, Massachusetts employers with six or more employees have been required to comply with the Pregnant Workers Fairness Act, which amended MGL 151B to include a range of rights for pregnant employees and those with pregnancy-related conditions. A federal Pregnant Workers Fairness Act (PWFA) went into effect in June 2024, but the law does not replace state laws, like the law in Massachusetts, that are more protective of workers. Further, the federal PWFA only applies to accommodations, whereas Massachusetts law applies to accommodations, pregnancy discrimination, and more.
Under Massachusetts law, the Pregnant Workers Fairness Act prohibits discrimination against job applicants and employees on the basis of pregnancy and pregnancy-related conditions. Job applicants and employees also have similar protections under Title VII of the Civil Rights Act of 1964, a federal law, but Massachusetts law is more protective, and employers need to ensure that they remain in compliance with the more broadly protective state law (in addition to federal law). Pregnancy and pregnancy-related discrimination can take many different forms, and prohibitions are broad. Employers and prospective employers cannot do any of the following, for example:
- Make employment decisions on the basis of an applicant’s pregnancy, plans to become pregnant, possibility of pregnancy, or need for pregnancy-related accommodations;
- Ask job applicants about their pregnancy status or plans to become pregnant;
- Advertise for a position where the prospective employee does not have plans to become pregnant;
- Make promotion decisions on the basis of an employee’s pregnancy or plans to become pregnant (i.e., denying a promotion or pay raise to a pregnant employee or employee with plans to become pregnant);
- Offer benefits only to employees who are not pregnant and do not have plans to become pregnant;
- Terminate an employee after learning of their pregnancy or plans to become pregnant;
- Deny pregnancy-related accommodations that are reasonable;
- Deny an employee pregnancy-related leave; and/or
- Retaliate against an employee in any way who requests pregnancy-related accommodations or takes pregnancy-related leave.
The above are just some examples of unlawful forms of pregnancy-related discrimination. Before you take any employment-related actions in relation to hiring, firing, or any other aspects of employment that take pregnancy or pregnancy-related conditions into account, it is critical to ensure that you are in compliance with relevant law.
The Massachusetts Pregnant Workers Fairness Act also requires employers to provide reasonable accommodations related to pregnancy, and employers in Massachusetts cannot require medical documentation related to a range of pregnancy-related accommodations.
Pregnancy Leave in Massachusetts
Massachusetts has Paid Family and Medical Leave (PFML) that includes paid leave related to pregnancy, childbirth, and family leave to bond with a new child. Employees can be eligible for up to 12 weeks of paid family leave to bond with a new child after childbirth, and employers are required to comply as long as the employee is eligible. Employees can also be eligible for leave under the Family and Medical Leave Act (FMLA), although leave rights run concurrently.
Employers should also know that they are prohibited from retaliating against employees in any way for exercising their rights under PFML laws in Massachusetts.
Breastfeeding and Pumping Laws in Massachusetts
Employers also must comply with state and federal laws related to breastfeeding and pumping. The federal PUMP Act applies to nearly all private and public employers, although employers with fewer than 50 employees may be able to show an undue hardship for an exemption.
Generally speaking, breastfeeding and pump laws in Massachusetts require employers to do the following:
- Provide a space for employees that is functional for pumping milk, is shielded from view, is free from intrusion, is available as needed, and is not a bathroom; and
- Provide reasonable break time for pumping for up to one year after childbirth.
To learn more about your obligations concerning a space for pumping and break time for pumping, it is important to talk with a lawyer in Massachusetts.
Contact a Massachusetts Employment Discrimination Attorney Representing Employers in Boston and Natick
It is essential for employers in Boston and Natick to understand their obligations under state and federal law concerning rights for pregnant and breastfeeding employees. In order to remain in compliance with state and federal law, you will need to ensure that you have a clear understanding of what constitutes pregnancy and breastfeeding discrimination in order to take actions to prevent these forms of discrimination, and you will need to have a clear understanding of accommodations you must provide to pregnant or breastfeeding employees. To ensure that your workplace is in compliance with state and federal laws, you should seek advice from an experienced Boston and Natick pregnancy discrimination attorney. Contact Rodman Employment Law for more information about how we can assist you.
