Pregnant Workers May Get Better Protections
Pregnant workers may soon receive stronger statutory protections in Massachusetts workplaces following a key legislative development. This morning, the Massachusetts House of Representatives approved a new bill aimed at expanding employment safeguards for pregnant employees, and the legislation now awaits consideration by the state Senate.
Persistent Workplace Challenges for Pregnant Workers
Pregnancy discrimination has long been unlawful under Massachusetts’ primary employment civil rights statute, but many workers still face serious obstacles when seeking accommodation or protection from adverse personnel decisions. Pregnant workers report being denied workplace needs that are commonplace for employees with other medical conditions, despite being fully capable of performing their essential job functions.
Common workplace disputes impacting pregnant workers often include:
- Sudden removal from job duties despite no medical requirement
- Lack of temporary schedule flexibility
- Denial of breaks for hydration or rest
- Refusal to adjust standing or lifting requirements when reasonable alternatives exist
- Pressure to take unpaid leave instead of continuing work with accommodation
- Retaliation or negative evaluation after requesting support
- Refusal to hire pregnant applicants despite ability to perform core job tasks
- Termination under broad company policy without individualized review of rights
What the House Bill Seeks to Change
The new legislation intends to more clearly define employer obligations and forbid workplace decisions that disadvantage employees simply for requesting or using pregnancy-related accommodation. Though not yet final, the bill is designed to align pregnancy rights with other disability-based accommodation interpretation standards.
Under the bill’s proposed framework, employers may be required to:
- Engage in a meaningful interactive process when accommodation is requested
- Permit reasonable modifications to duties, rules, or personnel policies
- Avoid retaliation or adverse employment action against pregnant employees
- Preserve worker access to damages and civil rights remedies when statutory harm is proven
Many legal analysts believe courts will rely on this legislation to evaluate future pregnancy rights disputes with increased deference to worker protections and individualized personnel review.
Broader Legal and Economic Importance
This update matters not only for pregnant workers, but for corporate compliance teams, HR leadership, municipal employers, gig-economy staffing models, onboarding policy standards, and employers using broad contract frameworks that fail to assess real economic roles and workplace needs.
Much like disability law precedent in Massachusetts, accommodations under this bill may still be denied if the employer can prove undue hardship based on overall operations—but not without first conducting an individualized analysis instead of assuming a blanket corporate policy defense.
Who This Matters For
If passed by the state Senate and signed into law, this bill could prove pivotal for:
Employers evaluating internal risk and compliance obligations.
Private sector and public sector employees
Expecting workers challenging adverse workplace decisions
Parents seeking accommodation planning strategy at onboarding
Legal retaliation plaintiffs relying on a pregnancy civil rights framework
If you’re pregnant or planning a pregnancy and concerned about your employer, give us a call.
