Pregnancy should be a time of excitement and joy, but for many working women, it can also bring challenges in the workplace. Unfortunately, pregnancy discrimination remains a significant issue, even in today’s progressive world. In Massachusetts, pregnant employees are protected by both state and federal laws that prohibit discrimination and ensure that they are treated fairly at work. This blog will explore your rights as a pregnant employee in Massachusetts and what you can do if you experience pregnancy discrimination.

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats a pregnant employee or job applicant unfavorably due to pregnancy, childbirth, or related medical conditions. This type of discrimination can manifest in several ways, such as:

  • Refusing to hire or promote a pregnant employee
  • Denying reasonable accommodations for pregnancy-related conditions
  • Harassing or creating a hostile work environment for pregnant employees
  • Demoting or terminating an employee because of her pregnancy
  • Retaliating against an employee who asserts her rights or complains about discrimination
  • In Massachusetts, pregnancy discrimination is illegal, and several laws provide robust protections to ensure that pregnant employees receive fair treatment at work.

Key Legal Protections for Pregnant Employees in Massachusetts

Massachusetts has some of the strongest protections for pregnant employees in the country. Here are the key laws that safeguard your rights:

Massachusetts Pregnant Workers Fairness Act (PWFA)

  • Enacted in 2018, PWFA requires employers to provide reasonable accommodations for employees who are pregnant or have pregnancy-related conditions, such as morning sickness, gestational diabetes, or the need for more frequent bathroom breaks.
  • PWFA, along with federal law, also requires employers to give working mothers reasonable accommodations for the purpose of pumping breast milk.
  • Employers must engage in a good-faith interactive process with the employee to determine suitable accommodations, such as modifying work duties, allowing more breaks, providing a stool for seating, or granting temporary light duty.
  • PWFA prohibits employers from retaliating against employees who request accommodations or exercise their rights under the law.

Massachusetts Fair Employment Practices Act (M.G.L. Ch. 151B) )

  • This law prohibits discrimination based on sex, which includes pregnancy, childbirth, and related medical conditions. Under Ch. 151B, employers cannot treat pregnant employees unfavorably in any aspect of employment, including hiring, promotions, job assignments, or termination.
  • The law applies to employers with six or more employees.

Federal Pregnancy Discrimination Act (PDA)

  • PDA is a federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnant employees the same as other employees with temporary disabilities.
  • PDA applies to employers with 15 or more employees.

Massachusetts Paid Family Medical Leave Act (PFMLA)

  • PFMLA entitles eligible employees to up 26 weeks of job-protected leave each benefit year for certain family and medical reasons.
  • Employees receive a percentage of their income up to a certain threshold during the leave.
  • This leave can be taken all at once or intermittently, in concurrence with FMLA (see below).
  • PFMLA applies to employees regardless of employer size.

Family and Medical Leave Act (FMLA)

  • FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for the birth of a child or to care for a newborn.
  • This leave can be taken all at once or intermittently, depending on the needs of the employee.
  • To be eligible, employees must have worked for their employer for at least 12 months and clocked at least 1,250 hours in the past year.
  • FMLA applies to employers with 50 or more employees.

What are Reasonable Accommodations for Pregnant Employees?

Under the Massachusetts Pregnant Workers Fairness Act, employers must provide reasonable accommodations to pregnant employees unless it would cause undue hardship. Reasonable accommodations are fact-specific, but may include:

  • Modified work schedules: Allowing flexible hours or reduced schedules to accommodate prenatal appointments.
  • Physical adjustments: Providing a chair or stool if the job typically requires standing, or allowing more frequent breaks.
  • Temporary reassignment: Reassigning an employee to light-duty tasks if her regular duties involve heavy lifting or other strenuous activities.
  • Remote work options: Permitting employees to work from home if feasible.
  • Employers cannot force a pregnant employee to take leave if a reasonable accommodation can be made to help her continue working.

What to Do If You Experience Pregnancy Discrimination

If you believe you are facing pregnancy discrimination at work, there are steps you can take to protect your rights:

Document Everything

  • Keep a record of all incidents of discrimination, including dates, times, and details of conversations with supervisors or HR.
  • Save emails, memos, and other communications related to your pregnancy and requests for accommodations.

Report the Discrimination

  • Consider reporting any discriminatory behavior to your HR department or a supervisor. Many companies have internal procedures for handling discrimination complaints.
  • Be sure to follow up in writing and keep copies of all correspondence.

File a Complaint with the Massachusetts Commission Against Discrimination (MCAD)

  • If your employer does not address your concerns, you can file a complaint with the MCAD. This state agency enforces anti-discrimination laws and can investigate your claim.
  • Complaints must be filed within 300 days of the discriminatory act.

How Greene and Hafer Can Help

Pregnancy should not be a barrier to your career, and you have the right to be treated fairly in the workplace. Massachusetts law provides strong protections for pregnant employees, ensuring that you can balance your job and your growing family without fear of discrimination.

If you believe you are being discriminated against due to pregnancy, it’s important to know your rights and take action. Greene and Hafer represents women who have experienced pregnancy discrimination and our attorneys have extensive experience in handling pregnancy discrimination cases. To schedule an appointment with an experienced, lawyer, contact our office.