Effective April 1, 2018, the Pregnant Workers Fairness Act amends the Massachusetts employment anti-discrimination statute. The Act expressly prohibits employment discrimination based on pregnancy or pregnancy-related conditions, including but not limited to lactation and the need to express breast milk for a nursing child. The Act also makes it unlawful for employers in Massachusetts to deny a reasonable accommodation for an employee’s pregnancy or pregnancy-related condition if the employee requests an accommodation and such accommodation would not impose an undue hardship on the employer.

 

 

In addition to pregnancy-related conditions, employers are prohibited from the following:

 

• Take an adverse action against an employee or deny an employment opportunity to an employee who requests or uses a reasonable accommodation;

 

• Require an employee to accept a particular accommodation, if that accommodation is unnecessary to enable the employee to perform the essential functions of the job;

 

• Require an employee to take a leave of absence if another reasonable accommodation would allow the employee to perform the essential functions of the job without undue hardship to the employer; or

 

• Refuse to hire a person who is pregnant because of the pregnancy or a pregnancy-related condition, if the applicant can perform the essential functions of the job with a reasonable accommodation that would not impose an undue hardship on the employer.

 

 

The Pregnant Workers Fairness Act requires employers to grant a reasonable accommodation, engage in an interactive process, and provide a written notice to employees of their rights to be free of discrimination.

 

 

To review additional guidance, click here. For any questions or concerns please contact the state agency.

 

 

 

Thank you for choosing Paylocity as your Payroll Tax partner. Should you have any questions please contact your Paylocity Account Manager.

 

 

This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.