New Law Increases Protections for Pregnant Workers

A new Massachusetts law that takes effect April 1 requires businesses to provide “reasonable accommodations” for pregnancy and related conditions, including lactation and the need to express breast milk.

Although the law applies to employers in Massachusetts, Sandra Lynch, counsel in national law firm LeClairRyan’s Boston office, says businesses throughout the country should be on the lookout for similar laws.
“Currently, 22 other states and the District of Columbia have enacted similar legislation to prevent pregnancy-based discrimination and require employers to provide reasonable accommodations in the workplace. So even if your jurisdiction currently doesn’t have a law like this, there’s a good chance it will soon,” Lynch says.

In Massachusetts

With April 1 rapidly approaching, Massachusetts employers need to familiarize themselves with how the new law impacts them.
“Companies doing business in Massachusetts should be aware of the nuances of the recently passed Massachusetts Pregnant Workers Fairness Act (MPWFA), which applies to all employers with six or more employees,” says Lynch. “It updates and expands upon existing state anti-discrimination statutes, making it unlawful to discriminate against a pregnant employee or an employee affected by a condition related to pregnancy.”
Massachusetts employers should consider reviewing their company’s procedures to ensure they’re compliant with the newly updated and enhanced anti-discrimination statutes, Lynch writes in a recent post on the LeClairRyan blog, Workplace Defender.
The “reasonable accommodations” provision covers many situations, she notes.
“The MPWFA requires the employer to work with the requesting employee to engage in a timely, good faith interactive process to establish effective reasonable accommodations,” Lynch explains. “Some of the ‘reasonable accommodations’ suggested by the MPWFA include, but are not limited to: more frequent or longer unpaid breaks; time off to recover from childbirth with or without pay; acquisition or modification of equipment or seating; temporary transfer to a less strenuous or hazardous position; job restructuring; light duty; private non-bathroom space for expressing breast milk; assistance with manual labor; and/or modified work schedules. An employer may deny a request for a reasonable accommodation only if the employer can prove that providing the accommodation will pose an undue hardship on the business. This exception is extremely narrow, however, and any decision to deny an accommodation should be very carefully considered.”

Other Requirements

Other aspects of the MPWFA have implications for hiring and onboarding.
Beginning April 1, employers are required to notify all new employees of their rights pursuant to the MPWFA at the time of hire. Employers also must distribute a written notice of rights under the MPWFA to current employees by April 1.
Before then, however, Lynch recommends that employers begin taking steps to ensure that they are fully compliant, including:

• notifying existing employees of their rights pursuant to the MPWFA;
• designating a private non-bathroom space for employees to use for expressing breast milk;
• updating any company handbooks or policies relating to pregnancy or pregnancy-related conditions to incorporate MPWFA requirements, including the process for requesting a reasonable accommodation;
• training human resources and other management personnel on the proper implementation and management of MPWFA requirements; and
• designating a “point person” to handle any MPWFA related issues, including managing the reasonable accommodation process.

Paula Santonocito, Contributing Editor for Recruiting Daily Advisor, is a business journalist specializing in employment issues. She is the author of more than 1,000 articles on a wide range of human resource and career topics, with an emphasis on recruiting and hiring. Her articles have been featured in many global and domestic publications and information outlets, referenced in academic and legal publications as well as books, and translated into several languages.