Category Archives: 151B

Update Policies to Comply with the Massachusetts CROWN Act

At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with … Continue reading

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Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act

The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need … Continue reading

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Are You In Compliance with the Pregnant Workers Fairness Act That Went Into Effect April 1st?

If you have not taken steps to comply with the Pregnant Workers Fairness Act (“PWFA”), you are already in violation of the statutory mandate related to required postings.  Specifically, all employers with six or more employees were required to provide a notice … Continue reading

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Massachusetts Enacts Pregnant Workers Fairness Act

On July 27, 2017, Governor Charlie Baker signed the Massachusetts Pregnant Workers Fairness Act (“PWFA”).  Historically, courts have struggled with the issue of whether pregnancy is a “disability” that must be accommodated under the Americans with Disabilities Act (the “ADA”) … Continue reading

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Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

In a long-awaited decision, the highest court in Massachusetts – the Supreme Judicial Court (“SJC”) – ruled today in Cristina Barbuto v. Advantage Sales & Marketing, LLC, et al. that an employee who used medical marijuana to treat a debilitating … Continue reading

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The Moral of the Story: Playing Doctor is not a Human Resources’ Function

When an employee presents with an illness or injury and seeks leave or an accommodation, there is an unfortunate temptation for the manager or human resources professional to assume the guise of a medical practitioner and diagnose the legitimacy of … Continue reading

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SJC Makes It Easier For Plaintiffs to Survive Summary Judgment

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Massachusetts plaintiffs will now have an easier time staving off an employer’s motion for summary judgment and reaching trial, even if they cannot ultimately prove that the employer’s real reason for its action was unlawful discrimination. Continue reading

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