Massachusetts — Workplace Discrimination

Massachusetts General Laws Chapter 151B prohibits employment discrimination and is enforced by the Massachusetts Commission Against Discrimination (MCAD). The statute applies to employers with six or more employees, a lower threshold than the federal Title VII requirement of fifteen employees. The six-employee count excludes individuals employed by their parents, spouse, or child. Government employers are covered regardless of size.

Source: M.G.L. c. 151B §§ 1, 4

Chapter 151B prohibits employment discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy or pregnancy condition, ancestry, veteran status, age (40 or older), disability, and military service. Massachusetts protects a broader set of characteristics than federal Title VII, which does not cover gender identity, sexual orientation, genetic information, or ancestry as distinct protected classes.

Source: M.G.L. c. 151B; MCAD Harassment Guidelines

Massachusetts General Laws Chapter 151B, Section 4(1E), enacted as the Pregnant Workers Fairness Act and effective April 1, 2018, requires employers with six or more employees to provide reasonable accommodations for pregnancy and any condition related to pregnancy, including lactation and the need to express breast milk for a nursing child. This obligation extends beyond federal law, which does not mandate affirmative accommodation for pregnancy except where pregnancy creates a disability under the ADA.

Reasonable accommodation obligation

An employer must provide a reasonable accommodation for an employee's pregnancy or pregnancy-related condition upon request unless the employer demonstrates that the accommodation would impose an undue hardship on the employer's program, enterprise, or business. "Undue hardship" means the accommodation would cause the employer significant difficulty or expense. The statute explicitly covers post-pregnancy conditions, including lactation and breast milk expression.

The employer and employee must engage in a timely, good-faith interactive process to determine an effective reasonable accommodation that enables the employee to perform the essential functions of the job. Reasonable accommodations may include more frequent breaks, seating, modified duties, job restructuring, private lactation space, or other workplace adjustments.

Medical documentation — four per se exceptions

An employer may require documentation from an "appropriate health care or rehabilitation professional" to support an accommodation request. The statute defines such professionals broadly to include medical doctors (including psychiatrists), psychologists, nurse practitioners, physician assistants, psychiatric clinical nurse specialists, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, midwives, and lactation consultants.

However, an employer cannot require medical documentation if the accommodation requested is for:

1. More frequent restroom, food, or water breaks;
2. Seating;
3. Limits on lifting no more than 20 pounds; or
4. Private, non-bathroom space for expressing breast milk.

An employer may require documentation for an extension of the accommodation beyond the originally agreed-to accommodation.

Prohibited practices

Under Section 4(1E), an employer cannot:

• Require a pregnant employee to accept a particular accommodation, or to begin disability or parental leave, if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship;
• Refuse to hire a pregnant job applicant (or applicant with a pregnancy-related condition) because of the pregnancy or condition, if the applicant is capable of performing the essential functions of the position with a reasonable accommodation; or
• Deny an employment opportunity or take adverse action against an employee because of the employee's request for or use of a reasonable accommodation for pregnancy or a pregnancy-related condition.

Written notice requirement

Employers must distribute written notice of the right to be free from discrimination in relation to pregnancy or a pregnancy-related condition, including the right to reasonable accommodations. The notice must be provided:

• To all employees in a handbook, pamphlet, or other means of notice;
• To new employees at or prior to the commencement of employment; and
• To any employee who notifies the employer of a pregnancy or pregnancy-related condition, within 10 days of such notification.

The MCAD Guidance on the Pregnant Workers Fairness Act may be used to fulfill the notice requirement.

The Act does not preempt or diminish coverage for pregnancy or pregnancy-related conditions under other Massachusetts laws, including Section 105D of Chapter 149 (which separately requires private lactation space).

Source: M.G.L. c. 151B § 4(1E); MCAD Guidance on the Pregnant Workers Fairness Act