Pregnancy Discrimination Laws in Massachusetts: Your Rights

Under the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), which amends Title VII of the Civil Rights Act of 1964, pregnancy discrimination is treated as sex discrimination. The PDA covers employers with 15 or more employees. Federal law prohibits discrimination in hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and any other term or condition of employment based on pregnancy, childbirth, or related medical conditions.

The PDA also requires employers to provide reasonable accommodations for known limitations related to pregnancy when they provide accommodations for other non-pregnancy-related conditions. The Equal Employment Opportunity Commission (EEOC) enforces the PDA. Remedies under federal law include compensatory damages (including emotional distress), punitive damages, back pay, front pay, reinstatement, and attorney fees. However, the PDA does not require unpaid leave or specifically mandate paid pregnancy leave—it requires equal treatment with other temporary disabilities.

Employees must file an EEOC charge within 180 days of the discriminatory act in non-deferral states, or 300 days in states like Massachusetts that have an agency with enforcement authority (deferral states). The EEOC investigates and may pursue litigation or issue a Right-to-Sue letter allowing the employee to file a private lawsuit within 90 days.

Massachusetts law provides broader protections than federal law in several important ways. Massachusetts General Laws Chapter 151B, Section 4 prohibits discrimination based on pregnancy, childbirth, or medical condition related to pregnancy or childbirth. The state law applies to employers with 6 or more employees, a lower threshold than the federal 15-employee requirement, providing protection to workers in smaller Massachusetts businesses.

Massachusetts is significantly stronger than federal law on the accommodation requirement. Massachusetts General Laws Chapter 149, Section 24L specifically mandates that employers provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. Examples include modified work schedules, temporary leave, or modified duties. The burden is on the employer to show that accommodation would cause undue hardship, defined narrowly under Massachusetts law. This is more protective than the PDA, which requires accommodations only if the employer provides them for other similar conditions.

Massachusetts also provides explicit protections against retaliation for asserting pregnancy rights—if an employee requests an accommodation or files a complaint, the employer cannot retaliate. Additionally, Massachusetts requires that pregnancy-related leave be treated no less favorably than other temporary disability leave in terms of benefits, seniority, and job protection.

The Massachusetts Commission Against Discrimination (MCAD) enforces these protections. The state allows employees to file with both MCAD and the EEOC, and the two agencies have a work-sharing arrangement. Massachusetts has a 300-day filing deadline, which is longer than the federal 180-day deadline in non-deferral states, giving workers more time to file. Remedies under Massachusetts law include back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages (in cases of willful violation), and mandatory attorney fees and court costs. The state law does not cap compensatory or punitive damages, unlike some other remedies.

Massachusetts pregnancy discrimination law contains several important exceptions and limitations that employers may raise in defense. First, the reasonable accommodation requirement does not apply if the employer can demonstrate that providing the accommodation would cause undue hardship to the business. Undue hardship in Massachusetts is defined narrowly—mere inconvenience, cost, or customer preference does not meet this standard. The employer bears the burden of proving undue hardship by clear and convincing evidence.

Second, the law applies only to employers with 6 or more employees. Very small businesses with fewer than 6 employees are not covered by Massachusetts state law, though they may still be covered by federal law if they have 15+ employees. Independent contractors and volunteers are not considered employees under the statute.

Third, pregnancy discrimination protections do not prevent an employer from terminating a pregnant employee for legitimate, non-discriminatory reasons unrelated to pregnancy. For example, if an employee is fired for poor performance, violation of company policy, or reduction in force based on legitimate business criteria applied equally to all employees, the termination may be lawful even if the employee is pregnant. However, the employer bears the burden of proving that the stated reason is genuine and not pretextual—if the reason given is later proven to be a cover for discrimination, the termination is unlawful.

Fourth, the law does not require unpaid leave beyond what is required by federal law (FMLA). However, if an employer provides unpaid leave for other medical conditions, it must provide the same leave for pregnancy-related conditions on equal terms.

Fifth, Massachusetts is an at-will employment state, meaning employers can generally terminate employees for any reason or no reason, with limited exceptions. Pregnancy discrimination is one of those exceptions—an employer cannot use at-will employment as a defense to a pregnancy discrimination claim. If at-will employment is raised, the employee must prove that the termination was actually motivated by pregnancy discrimination, not merely that the employer had the legal right to terminate.

Step 1: Document Everything. Immediately begin keeping detailed records of all pregnancy-related communications, accommodations requests, and employer responses. Save emails, text messages, and written requests for accommodation. Document dates, times, and names of people involved in conversations about your pregnancy or accommodation needs. Keep records of performance evaluations, any negative feedback, changes in job responsibilities, and when these occurred in relation to your pregnancy disclosure. If your employer denies an accommodation or retaliates, document exactly what was said, by whom, and the date. Save copies of your medical documentation, including doctor's notes supporting any accommodation needs.

Step 2: Attempt Internal Complaint Process. Review your employer's employee handbook for internal complaint procedures—most Massachusetts employers have anti-discrimination policies. File a written complaint with your Human Resources department or the designated compliance officer, describing the discrimination or failure to accommodate and requesting a specific accommodation if applicable. Keep a copy of your complaint and send it via email or certified mail so you have proof of delivery and date. Request a written response and timeline for resolution. Document all subsequent communications with HR or management about your complaint. This step is important because it gives the employer notice and an opportunity to remedy the violation; it also may be required for some remedies and shows good faith effort. Do not rely on verbal complaints alone—get everything in writing.

Step 3: File with the Massachusetts Commission Against Discrimination (MCAD). You have 300 days from the date of the discriminatory act to file a complaint with MCAD. You can file online at www.mass.gov/mcad or by mail at Massachusetts Commission Against Discrimination, 100 Cambridge Street, Suite 600, Boston, MA 02114. You can also file in person at MCAD's office. Include in your complaint: your name, contact information, and address; the employer's name, address, and number of employees; dates and description of the discriminatory conduct; names of witnesses; relevant dates (when you disclosed pregnancy, when accommodation was requested, when discrimination occurred); the specific discrimination or failure to accommodate; and what outcome you are seeking. You do not need an attorney to file. Keep a copy of your complaint and proof of filing. MCAD will send you a case number and acknowledgment letter.

Step 4: MCAD Investigation Process. After you file, MCAD assigns an investigator to your case. The agency typically contacts your employer within 30 days and requests a written response. The investigator may interview you, the employer, and witnesses. MCAD collects documents including your personnel file, emails, performance reviews, and medical documentation. The investigation generally takes 6 to 12 months, though it can take longer in complex cases. You will be kept informed of the investigation's progress. You do not need to attend every MCAD interview, though you may be requested to provide additional information. During this time, continue documenting any ongoing discrimination or retaliation. At the end of the investigation, MCAD issues a determination: either finding probable cause that discrimination occurred, or finding no probable cause. If probable cause is found, the case moves to conciliation, where MCAD attempts to negotiate a settlement. If conciliation fails, MCAD may file a complaint with the Massachusetts Commission, which holds a hearing before an administrative law judge.

Step 5: Consult an Employment Attorney. You should consider consulting an employment attorney immediately after the discriminatory act occurs, or certainly before or during the MCAD process. An attorney can review your case, advise on damages you may be entitled to, and represent you in negotiations and hearings. Many employment discrimination attorneys work on contingency (you pay no upfront fee; they take a percentage of any recovery). If you win your case, the employer must pay your attorney fees and court costs, so there is no additional cost to you. An employment attorney can also advise on whether to file federal charges simultaneously with MCAD (you can do both), can help prepare documentation, and can represent you if the case proceeds to court. Contact the Massachusetts Bar Association Lawyer Referral Service at 617-742-0990 or visit www.mass.org/mcad for referrals.