Davis & Davis, P.C. has represented pregnant women in a variety of employment cases, and represents employers faced with pregnancy discrimination claims in Massachusetts.

Answers to specific questions will be provided during a consultation.  This information is not legal advice.

Pregnant women in Massachusetts have certain rights under state and federal statutes that prohibit sex and disability discrimination in the workplace.  Pregnant women in Massachusetts also have the right to a leave of absence from work for pregnancy-related medical care and childbirth.

A Massachusetts employer generally may be liable if it uses a woman's pregnancy, childbirth or potential or actual use of maternity leave as a reason for any adverse job action. See School Comm. of Braintree v. MCAD, 377 Mass. 424, 427 (1979).

The situations in which a pregnant woman, or a woman planning a pregnancy, may experience discrimination are numerous, but generally fall within three classifications: (1) disparate treatment; (2) disparate impact; and (3) discriminatory policy implementation. Disparate treatment claims require the plaintiff to prove that the employer intended to discriminate against the employee on the basis of pregnancy.  Disparate impact claims require the plaintiff to prove that, while an employer's practices are facially neutral, they have a disproportionate effect on a protected class.  Claims based on a discriminatory policy, such as a "fetal protection policy" in a hazardous industry, allege that the policy in question is discriminatory on its face. Such a policy can only be upheld if it is a bonna fide occupational qualification.

Davis & Davis, P.C. is always ready to consult with employees facing a discriminatory situation at work, or with employers concerned about the possibility of pregnancy discrimination litigation.

Answers to specific questions will be provided during a consultation. This information is not legal advice.