The Massachusetts Legislature enacted the Pregnant Workers Fairness Act last week, establishing protections that guarantee reasonable accommodations and safety measures for pregnant workers. Both Senator Sal DiDomenico and Representative Joseph McGonagle voted to advance this measure, which makes it unlawful for employers to discriminate against, refuse employment to, or fire anyone based on pregnancy or pregnancy-related conditions.
“No woman should have to choose between keeping her job and maintaining healthy and safe pregnancy,” noted Senator Sal DiDomenico, who served as a co-sponsor of the Pregnant Workers Fairness Act. “I am proud to support this important piece of legislation, which will undoubtedly make workplaces fairer and safer for all.”
“Women should have a safe and happy pregnancy and not be concerned with any negative impacts regarding their workplace. This legislation ensures that pregnant workers can continue to work and not worry about their health or their baby’s health,” stated Representative Joseph McGonagle. “Massachusetts is moving in a forward with this legislation.”
Among the reasonable accommodations covered by the law are time off for post-childbirth recovery; more frequent or extended breaks with or without pay; equipment or seating adjustments; temporary reassignment, job restructuring, or reduced duties; and access to private non-bathroom facilities for breast milk expression.
The legislation prohibits employers from engaging in these practices against employees who are pregnant or experiencing pregnancy-related conditions:
- Taking adverse action against an employee who requests or uses a reasonable accommodation;
- Denying an employment opportunity to an employee based on the need of the employer to make a reasonable accommodation;
- Requiring an employee to accept an accommodation if the accommodation is unnecessary to enable the employee to perform the essential functions of the job;
- Requiring an employee to take a leave of absence if another reasonable accommodation may be provided without undue hardship to the employer;
- Refusing to hire a person who is pregnant because of the pregnancy or because of a condition related to the person’s pregnancy if that person can perform the essential functions of the job with a reasonable accommodation that does not impose an undue hardship on the employer.
Companies must participate in a collaborative, good faith process with employees and prospective employees to identify effective and reasonable accommodations under the bill. Documentation from an appropriate health care or rehabilitation professional may be required by employers in certain circumstances to establish accommodation necessity. Accommodations for more frequent restroom, food or water breaks, seating, and limits on lifting over 20 pounds are exempt from this requirement.
April 1, 2018 marks the effective date of this legislation. The bill now awaits the governor’s signature.