Employers have a range of responsibilities under Pregnancy Act

Municipal employers are reminded that the Pregnant Workers Fairness Act, which took effect in April 2018, includes a number of notification responsibilities.

The law extended workplace anti-discrimination protections to pregnant employees under Chapter 151B, the state statute prohibiting discrimination and retaliation in employment. It protects employees who are pregnant or have a pregnancy-related condition and entitles them to a reasonable accommodation.

An employee who notifies an employer of a pregnancy or a pregnancy-related condition must receive written notice of her rights from her employer no more than 10 days after such disclosure.

Employers must also notify new employees of such rights at or prior to the start of their employment, and provide all employees with written notice of the right to be free from discrimination and retaliation due to pregnancy or a pregnancy-related condition. This notice must appear in an employee handbook, pamphlet or be distributed by other means.

As with other protected categories under the anti-discrimination statute, the law requires employers to engage in a timely, good-faith and interactive process with an employee that is requesting an accommodation.

The law entitles employees to seek various forms of relief, including back pay, front pay, emotional distress damages, punitive damages and reinstatement.

The Massachusetts Commission Against Discrimination, which enforces the law, has posted guidance on its website, at https://tinyurl.com/PregnancyAct.