Pregnant Workers Fairness Act

A very important update in Massachusetts employment law just went into effect on April 1, 2018:  the Pregnant Workers Fairness Act.  The Act amends the current discrimination law to prohibit employment discrimination on the basis of pregnancy and pregnancy-related conditions, including postpartum issues such as lactation.  The Massachusetts Commission Against Discrimination (MCAD) issued some guidance on the new Act here.

In short, employers cannot take an adverse action against an individual who requests or uses a reasonable accommodation for pregnancy or pregnancy-related condition.  The MCAD emphasizes the need for an employer to engage in an “interactive process” with the employee, which is essentially the need for the parties to communicate, in good faith, about what accommodations can be made to ensure that the employee is able “to perform the essential  functions  of  the  job  while  pregnant  or  experiencing  a  pregnancy-related  condition,  without undue hardship to the employer.”

There are also new restrictions on when and for what the employer can ask for medical documentation, as well as new notice requirements from the employer to employee regarding their rights under the Act.

Whether you are an employee or an employer, make sure you read the Act in full to understand its implications, penalties, and protections.