Pregnancy can be both an exciting and vulnerable time, especially if you’re concerned about fair treatment at work or during a job search. Many in Boston worry that revealing a pregnancy to an employer or interviewer could lead to job denial or other forms of pregnancy discrimination. At Davis & Davis, P.C., we’ve worked with individuals facing this situation and know how often questions about workplace rights, legal protections, and employer responsibilities arise. In this guide, we address the most pressing questions about job denial due to pregnancy in Boston, providing insight based on Massachusetts law, federal protections, and real-world scenarios to empower you to safeguard your rights.
Denied a job offer due to pregnancy in Boston? Protect your rights with trusted legal insights and guidance. Contact us online today or call (978) 228-2262 for support.
Can Boston Employers Legally Refuse To Hire Someone Because of Pregnancy?
No employer in Boston or anywhere in Massachusetts may lawfully refuse to hire you simply because you are pregnant or may become pregnant. Under both state and federal law, pregnancy is considered a protected characteristic. That means your pregnancy, your intent to become pregnant, or any pregnancy-related condition cannot be used to deny you employment, provided you meet the job qualifications. Employers must base all hiring decisions on your skills and experience—never on your pregnancy status or assumptions about your availability.
Unfortunately, pregnancy discrimination can be subtle. Some employers may try to disguise bias with vague statements about “team fit” or “timing,” or ask improper questions about family plans during interviews. Such comments, especially if they relate to medical appointments or anticipated time off, may reveal illegal motives. If you experience this, be sure to document what was said and when, as written or contemporaneous notes can serve as crucial evidence later.
Anti-discrimination protections apply to the entire hiring process, from your first application through final job offers. Whether you’re seeking full-time or part-time employment, and regardless of the employer’s size (if they have six or more employees), you are covered under these laws. If you believe a Boston employer denied you a job due to pregnancy, you have multiple avenues for action—both locally and at the state or federal level.
Which Laws Protect Pregnant Workers from Job Denial in Boston?
Pregnant employees and applicants in Boston benefit from strong, overlapping protections at both the state and federal levels. The Massachusetts Pregnant Workers Fairness Act (PWFA) specifically prohibits employers from treating individuals unfavorably because of pregnancy or related conditions. The PWFA also requires employers to discuss and consider reasonable accommodations unless they create an undue hardship for the business.
Federal laws reinforce these rights. Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), makes it unlawful to deny jobs or alter employment conditions based on pregnancy, childbirth, or related medical situations. Both statutes allow workers to seek remedies for discrimination, including back pay, reinstatement, and policy changes if violations are proven.
These protections are particularly robust in Boston and throughout Massachusetts. The state law sometimes provides broader coverage than federal laws, especially regarding required accommodations for pregnant workers and the expectation of a flexible, good-faith interactive process. Together, this legal framework ensures that Boston workers do not face unfair obstacles in hiring or employment due to pregnancy.
How Can You Prove That Pregnancy Was the Reason for a Job Denial?
Proving job denial due to pregnancy can seem daunting because most employers won’t admit bias openly. However, direct evidence such as emails or interview notes mentioning pregnancy as a factor can be highly persuasive. Even offhand remarks like, “Will your upcoming due date impact your schedule?” may be relevant if linked to a hiring decision.
Often, circumstantial evidence plays a central role. This might include shifts in the employer’s attitude after you disclose your pregnancy, sudden delays or withdrawal of job offers soon after pregnancy is revealed, or differences in treatment compared to non-pregnant applicants. Keeping a personal log of what happens during your application process, saving any communications, and noting any comments from interviews can make a substantial difference if you later need to prove your case.
In Massachusetts, you may also strengthen your case by showing a pattern of discrimination—such as a company only hiring non-pregnant candidates despite similar qualifications. Comparing your experience with others, or identifying inconsistencies between what you were told and written job requirements, can further support your claim. Seeking advice from legal professionals familiar with pregnancy discrimination in Boston helps you navigate the process with greater clarity and confidence.
What Are Employers in Boston Required To Do for Pregnant Job Applicants?
Boston employers must carefully follow the law when engaging with pregnant job applicants. They cannot ask questions about pregnancy unless the inquiry is essential to determine if you can perform critical job functions—questions that must also be asked of all applicants for the same role. If you need a reasonable accommodation during the hiring process, such as extra seating during an interview or flexibility for prenatal appointments, you have the right to request it.
Under the Massachusetts Pregnant Workers Fairness Act, employers are required to discuss accommodation requests in good faith and consider them individually. Examples of reasonable accommodations during recruitment or employment can include:
- Offering a modified interview format or schedule
- Providing additional breaks or seating
- Allowing schedule flexibility for medical appointments
- Adjusting job duties temporarily, if feasible
Employers must respond promptly to these requests and may only decline if the accommodation would create an undue hardship, which is a high bar to meet. Retaliation for requesting accommodations is illegal, and any adverse action taken in response should be documented and reported. By complying with these rules, employers help foster a fair and welcoming hiring environment across Boston.
When Can Employers Legally Deny a Job to a Pregnant Applicant?
The law does allow Boston employers to deny a job to an applicant who is pregnant—but only for genuine reasons that do not relate to pregnancy. Examples include lacking required skills, failing to meet essential job criteria, or being outperformed by other candidates. Pregnancy or pregnancy-related needs must never influence the decision if the individual can otherwise perform the job, with or without reasonable accommodation.
On rare occasions, an employer may claim a “bona fide occupational qualification” (BFOQ) to justify denial. The BFOQ defense is extremely narrow and typically does not apply to pregnancy; it is generally reserved for situations where certain attributes are essential to perform the job and cannot be accommodated. Employers bear the burden of proof when asserting a BFOQ—the Massachusetts and federal labor departments examine these claims very closely.
Any employer relying on assumptions about pregnancy, anticipated leave, or future attendance problems to justify denial is at risk of violating both state and federal laws. The courts in Massachusetts have consistently rejected these pretexts. In every hiring decision, employers must apply the same standards to all candidates and be able to demonstrate a legitimate, nondiscriminatory reason for their choice.
What Immediate Steps Should You Take If You Suspect Pregnancy Discrimination?
If you suspect pregnancy discrimination played a role in a hiring decision, acting quickly preserves your rights. Start by collecting all evidence related to your job search:
- Save emails, interview schedules, offer letters, or rejection notices
- Keep notes of conversations, especially comments about pregnancy
- Record your version of any in-person exchanges soon after they occur
Next, review your potential employer’s anti-discrimination policies. Many companies require candidates to use internal reporting or grievance procedures prior to external claims. Following internal protocols promptly helps establish a clear record and may resolve the situation early, minimizing stress and delay.
Be mindful of statutory deadlines. In Massachusetts, claims must be filed with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the alleged act. Missing these deadlines may prevent you from pursuing your case, so don’t wait to seek legal or advocacy support. Employment attorneys, legal aid, and advocacy organizations familiar with pregnancy discrimination in Boston can guide you through your options and next steps based on your unique circumstances.
How Do You File a Pregnancy Discrimination Complaint in Boston?
Filing a pregnancy discrimination complaint in Boston typically starts with the Massachusetts Commission Against Discrimination (MCAD). This agency handles employment discrimination cases for all protected categories, including pregnancy. To begin,
- Contact MCAD for an intake appointment or submit your complaint online through their portal
- Prepare details: dates, names, communications, and copies of any supporting documents
- Expect an investigation process, during which MCAD will gather evidence and may conduct interviews
After filing, MCAD may attempt mediation to facilitate a voluntary resolution between you and the employer. If the agency finds probable cause for discrimination, your case may proceed to a public hearing or settlement discussions. At any point, you can seek assistance from an attorney or advocacy group to help you navigate filings, interviews, and negotiations for the best possible outcome.
Some cases may also qualify for filing with the EEOC, particularly if federal law applies. In Boston, MCAD and EEOC share responsibilities and coordinate complaint processing. Always confirm which agency is best for your unique situation and timeline, since early action maximizes your legal protections.
Can Employers Retaliate Against Workers Who Assert Pregnancy Rights?
Retaliation is illegal under both Massachusetts and federal law. If you assert your rights—by requesting accommodations, reporting discrimination, or filing a formal complaint—employers cannot take adverse actions against you. Adverse actions include job offer withdrawal, demotion, firing, reduction in pay, or any measures that would dissuade a reasonable person from asserting their rights in the future.
Retaliation often takes subtle forms. In our experience, it may look like sudden negative performance reviews, exclusion from meetings, or loss of responsibilities. Massachusetts laws allow you to pursue a separate claim for retaliation if you experience these consequences after standing up for yourself as a pregnant worker or applicant.
If you notice these signs, document all changes in your treatment and consider reporting any concerns both internally and externally. Engaging a legal advocate early can help clarify whether retaliation occurred and what options exist for recourse.
How Can Boston Employers Remain Compliant with Pregnancy Discrimination Laws?
Boston employers can maintain compliance by developing clear, written anti-discrimination policies and making sure those policies are communicated consistently to all current and prospective employees. During recruitment, hiring managers should strictly limit questions and discussions to the job requirements and qualifications, steering clear of anything related to medical history or family plans.
It’s equally important to train hiring and supervisory staff on the finer points of the Massachusetts Pregnant Workers Fairness Act and related federal laws. Good training helps prevent inadvertent discrimination and teaches staff how to respond appropriately to requests for accommodations. Engaging an HR consultant or employment law attorney to audit policies regularly helps Boston-area employers keep up with new developments in the law.
To reduce risk and foster inclusion, employers should:
- Respond promptly and fairly to accommodation and discrimination complaints
- Document all discussions and employment decisions related to accommodations or alleged bias
- Seek external advice when complex or unusual cases arise
Employers who take these steps not only comply with the law but also create a work environment that values and retains talented staff—strengthening their place in Boston’s competitive job market.
What Are Some Real-Life Examples of Pregnancy Discrimination Cases in Massachusetts?
Massachusetts offers numerous examples of how courts & enforcement agencies address job denial due to pregnancy discrimination. One case involved a retail supervisor denied multiple accommodations and was later terminated after announcing her pregnancy. Despite the employer’s claims of performance issues, the evidence showed non-pregnant employees were granted similar accommodations without consequence. The commission found discrimination and ordered the company to pay damages and revise its procedures.
Another instance in Boston concerned a healthcare organization that rescinded a job offer after a candidate disclosed her pregnancy in a post-offer medical screening. The employer suggested that the need for the upcoming leave was problematic. The MCAD determined this to be unlawful, since employers may not use anticipated pregnancy leave as a deciding factor unless no accommodation is possible. The organization ultimately made policy changes following the resolution.
Other cases highlight the dangers of stereotyping or making assumptions instead of following an interactive process. When companies preemptively declined to engage with pregnant applicants—claiming certain job duties were “too strenuous” or roles were “not a fit”—investigators found that such exclusions without exploring reasonable accommodations violated both Massachusetts & federal laws. These outcomes show the importance of treating every situation individually, with open discussions between the employer and applicant.
Where Can You Find Local Resources & Support for Pregnancy Discrimination Issues?
Boston offers a broad range of supportive resources for individuals facing or questioning job denial due to pregnancy. The Massachusetts Commission Against Discrimination (MCAD) is the primary agency to start with for discriminatory employment actions. The MCAD provides intake services at its Boston office and online, and its staff can answer questions about eligibility, the complaint process, and available remedies.
Several city and statewide organizations also provide free or low-cost legal assistance and counseling for people facing pregnancy discrimination. Greater Boston Legal Services regularly takes on employment cases and can walk you through documentation, evidence collection, and claim submission. Additionally, advocacy organizations focused on workers’ rights or gender equity host educational events, provide checklists, and maintain helplines for confidential advice about next steps.
If you have questions but are unsure where to turn, reaching out to a local employment attorney with experience in this area can be invaluable. At Davis & Davis, P.C., we stay on top of changes to Massachusetts & federal law, draw from decades of direct client experience, and approach every case with the hands-on attention and strategic understanding you deserve. If you want to discuss a situation or simply better understand your rights, contact us today at (978) 228-2262 for confidential help.