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HOUSE DOCKET, NO. 3239 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1918
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jay D. Livingstone
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to employment protections for victims of abusive behavior.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/20/2023Natalie M. Higgins4th Worcester1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Tram T. Nguyen18th Essex1/25/2023Steven Owens29th Middlesex1/25/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Christine P. Barber34th Middlesex1/30/2023Vanna Howard17th Middlesex1/31/2023Michelle M. DuBois10th Plymouth2/7/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023Jack Patrick Lewis7th Middlesex2/13/2023Dylan A. FernandesBarnstable, Dukes and Nantucket2/22/2023Jennifer Balinsky Armini8th Essex2/23/2023Ruth B. Balser12th Middlesex2/23/2023Samantha Montaño15th Suffolk2/23/2023Adrian C. Madaro1st Suffolk2/24/2023Rodney M. Elliott16th Middlesex3/4/2023Rebecca L. RauschNorfolk, Worcester and Middlesex3/6/2023 1 of 17
HOUSE DOCKET, NO. 3239 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1918
By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1918) of
Jay D. Livingstone and others relative to employment protections for victims of abusive
behavior. Labor and Workforce Development.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to employment protections for victims of abusive behavior.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1 of Chapter 151B of the General Laws is hereby amended by
2inserting the following terms: -
3 24. The term “victim of abusive behavior” in subsections 1 through 3 of section 4 of this
4chapter, including section 1F, means a person who is experiencing or has experienced abusive
5behavior.
6 25. The term “abusive behavior” in this section and subsections 1 through 3 of section 4
7of this chapter, including subsection 1F, means (i) any behavior constituting domestic violence;
8(ii) stalking in violation of section 43 of chapter 265; (iii) sexual assault, which shall include a
9violation of sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B,
1026D, 50 or 51 of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in
11violation of the third paragraph of section 26 of chapter 265. 2 of 17
12 26. The term “domestic violence” in this section means abuse against a person by (i) the
13person’s current or former spouse; (ii) someone with whom the person shares a child in common;
14(iii) someone with whom the person is or was cohabitating; (iv) someone with whom the person
15is related by consanguinity, adoption, or marriage; (v) someone with whom the person has or had
16an intimate, sexual, or romantic relationship or to whom the person is or was engaged to be
17married; or (vi) someone with whom the person is or was in a guardianship relationship.
18 27. The term “abuse” in this section means (i) attempting to cause or causing physical
19harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to
20engage involuntarily in sexual relations by force, threat, or duress; (iv) engaging in
21psychological, emotional, or mental abuse; (v) depriving another of health care, housing, food, or
22other necessities of life; (vi) engaging in harassment as defined in section 1 of chapter 258E; or
23(vii) restraining the liberty of another.
24 28. The term “psychological, emotional, or mental abuse” in this section means a pattern
25of threatening, humiliating, or intimidating actions that is designed to induce or likely to induce
26fear or terror or to restrict another person’s ability to exercise free will or autonomy, including
27but not limited to unreasonably engaging in any of the following as part of such a pattern:
28 (i) Isolating another person from friends, family, or other sources of support;
29 (ii) Limiting another person’s access to or use of family or personal money or financial
30resources;
31 (iii) Controlling, regulating, or monitoring the another person’s activities, movements,
32communications, daily behavior, finances, economic resources, or access to services; 3 of 17
33 (iv) Belittling, degrading, or demeaning another person;
34 (v) Threatening to harm, to sexually assault or kill another or another person’s family
35member;
36 (vi) Threatening to publish personal or false information about another person or to make
37false reports to law enforcement authorities about another person;
38 (vii) Damaging another person’s property or household goods; or
39 (viii) Forcing another person to take part in criminal activity or child abuse.
40 29. The term “family member” in subsection 1F of section 4 of chapter 151B means (i) a
41spouse of the employee or prospective employee; (ii) a person with whom the employee or
42prospective employee has a child in common; (iii) a person with whom the employee or
43prospective employee has a substantive intimate, romantic, or sexual relationship, or a
44dependency relationship, and with whom the employee or prospective employee resides; (iv) a
45person to whom the employee or prospective employee is engaged to be married; (v) a parent,
46step-parent, child, step-child, sibling, step-sibling, grandparent, step-grandparent, grandchild, or
47step-grandchild of the employee or prospective employee; or (vi) a person with whom the
48employee or prospective employee is or was in a guardianship relationship.
49 30. The term “prospective employee” in subsection 1F of section 4 of chapter 151B
50means a person who (i) has applied for employment with the employer, (ii) has been personally
51asked to apply for employment with the employer by the employer or employer’s agent, or (iii)
52has been offered employment with the employer, even if conditional. 4 of 17
53 31. The term “health care” in this section and in subsection 1F of section 4 of chapter
54151B includes medical health care, mental health care, substance abuse services, hospital care,
55dental health care and rehabilitative services.
56 SECTION 2. Section 4 of Chapter 151B of the General Laws is hereby amended, in
57subsection (1), after the word “ancestry” by inserting the following; - “status as a victim of
58abusive behavior,”.
59 SECTION 3. Section 4 of Chapter 151B of the General Laws is further amended, in
60subsection (2), after the word “information,” by inserting the following: - “pregnancy or a
61condition related to said pregnancy including, but not limited to, lactation or the need to express
62breast milk for a nursing child, status as a victim of abusive behavior,”.
63 SECTION 4. Section 4 of Chapter 151B of the General Laws is further amended, in
64subsection (3), before the phrase “or status as a veteran”, by inserting “status as a victim of
65abusive behavior” and before the phrase “status as a veteran” by inserting “status as a victim of
66abusive behavior,”.
67 SECTION 5. Section 4 of Chapter 151B of the General Laws is further amended by
68inserting the following subsection: -
69 (1F) (a) For an employer, by itself or its agent, not to provide a reasonable
70accommodation to an employee or prospective employee who is experiencing or has experienced
71abusive behavior, or whose family member is experiencing or has experienced abusive behavior,
72if the employee or prospective employee requests an accommodation related to the abusive
73behavior; provided, however, that an employer is not required to provide an accommodation if 5 of 17
74the employer can demonstrate that the accommodation would impose an undue hardship on the
75employer’s business.
76 (b) For an employer, by itself or its agent, to (i) discharge, or in any other manner
77discriminate against, an employee for exercising the employee’s rights under this subsection,
78including requesting or using an accommodation under this subsection; (ii) refuse to hire, or in
79any other manner discriminate against, a prospective employee for exercising the prospective
80employee’s rights under this subsection, including requesting or using an accommodation under
81this subsection; (iii) require an employee or prospective employee who requests an
82accommodation under this subsection to accept an accommodation that the employee or
83prospective employee chooses not to accept if that accommodation is unnecessary to enable the
84employee to perform the essential functions of the job; (iv) require an employee to take leave if a
85reasonable accommodation may be provided that permits the employee to perform the essential
86functions of the job without undue hardship to the employer’s business; or (v) make
87preemployment inquiry of a prospective employee as to whether the prospective employee will
88require a reasonable accommodation under this subsection, unless the prospective employee first
89voluntarily discloses to the employer, or employer’s agent, a situation that would qualify the
90prospective employee for a reasonable accommodation under this section.
91 (c) As used in this subsection, the following words shall have the following meanings
92unless the context clearly requires otherwise:
93 “Accommodation” means a temporary or permanent adjustment to a job structure or
94schedule, workplace facility, or work requirement that enables an employee who is a victim of
95abusive behavior, or whose family member is a victim of abusive behavior, to be safe or to 6 of 17
96address issues directly related to the abusive behavior, including but not limited to (i) more
97frequent or longer paid or unpaid breaks; (ii) transfers, reassignments, or schedule changes; (iii)
98changing a work phone number, email address, or any other work contact, electronic or
99otherwise; (iv) installing or changing locks or work access mechanisms; (v) assisting with
100documentation of the abusive behavior; (vi) implementing safety procedures; or (vii) prohibiting
101the perpetrator of the abusive behavior from being on the workplace property or limiting the
102perpetrator’s access to the workplace property or portion thereof where the employee works;
103provided, however, that an employer shall not be required as part of providing a reasonable
104accommodation to discharge or transfer another employee or promote an employee who is not
105able to perform the essential functions of the job with or without a reasonable accommodation.
106 “Undue hardship” shall mean an action requiring significant difficulty or expense;
107provided, however, that the employer shall have the burden of proving undue hardship; provided
108further, that in making a determination of undue hardship, the following factors shall be
109considered: (i) the nature and cost of the needed accommodation; (ii) the overall financial
110resources of the employer; (iii) the overall size of the business of the employer with respect to
111the number of employees and the number, type and location of its facilities; and (iv) any other
112impact of the reasonable accommodation on the employer’s business.
113 (d) Upon the employer’s receipt of a request from an employee or prospective employee
114for an accommodation under this subsection, the employee or prospective employee and the
115employer shall engage in a timely, good faith, and interactive process to determine an effective,
116reasonable accommodation. 7 of 17
117 (e) All employers will provide written notice to their employees of the right to be free
118from discrimination due to status as a victim of abusive behavior and of the right to a reasonable
119accommodation related to the abusive behavior. Such notice may be provided in a handbook,
120pamphlet, or other means of notice regularly used by the employer. In addition, all employers
121will provide such notice to (i) all new employees at the beginning of their employment and (ii)
122any employee or prospective employee who informs the employer that the employee, or
123prospective employee or family member of the employee or prospective employee, is a victim of
124abusive behavior not more than five days after the employer is so informed.
125 (f) Subject to appropriation, the commission shall develop courses of instruction and
126conduct public education efforts as necessary to inform employers, employees, and employment
127agencies, and, to the extent possible, the general population, about the rights and responsibilities
128established under this subsection not more than 180 days after the appropriation. Employers are
129encouraged to conduct an education and training program for new employees and members
130within one year of commencement of employment that includes information on the nature and
131extent of abusive behavior, issues of privacy and confidentiality, and the availability of
132reasonable accommodations. Employers are encouraged to conduct additional training for new
133supervisory and managerial employees within one ear of commencement of employment that
134includes information on the nature and extent of abusive behavior, issues of privacy and
135confidentiality, and the availability of reasonable accommodations.
136 (g) This subsection shall not be construed to preempt, limit, diminish, or otherwise affect
137any other law relating to leave or to abusive behavior, provided, however, that to the extent the
138reasonable accommodation requested pursuant to this section is a leave of absence, that leave
139need not exceed the amount of leave permitted under section 52E of chapter 149. 8 of 17
140 (h) An employer may require any employee or prospective employee requesting an
141accommodation under this subsection to provide documentation evidencing that the employee,
142the prospective employee, or a family member of the employee or the prospective employee is a
143victim of abusive behavior; provided, however, that an employer may not require the employee
144or prospective employee to produce, but may consider, documentation concerning the reasonable
145accommodation itself, including its type, form, scope, or duration; provided further, that an
146employer shall not require the employee or prospective employee to show evidence of an arrest,
147conviction, or other law enforcement documentation for such abusive behavior. The employee
148or prospective employee shall provide such documentation to the employer within a reasonable
149period after the employer requests such documentation, such reasonable period not to be shorter
150than 30 days. The employer must provide a reasonable accommodation in a timely manner and
151may not delay providing reasonable accommodation pending receipt of the documentation;
152provided that if the employee or prospective employee requests that the accommodation begin
153before such documentation can be provided, the employee or prospective employee shall provide
154the documentation to the employer within 30 days of requesting the accommodation. The
155employer may periodically require the employee to provide documentation showing continued
156need for any temporary accommodation, but no more often than every six months or when the
157employer learns of a significant change in the situation that necessitated the accommodation. The
158provision of any documentation provided to an employer under this paragraph does not waive or
159diminish the confidential or privileged nature of communications between a victim of abusive
160behavior and one or more individuals named in this paragraph.
161 The employer may maintain any documentation provided under this paragraph only in a
162separate, confidential file and only for as long as required for the employer to make a 9 of 17
163determination as to whether the employee is entitled to a reasonable accommodation under this
164subsection.
165 The employee or prospective employee shall satisfy the documentation requirement by
166providing any one of the following documents to the employer concerning the abusive behavior
167against the employee, prospective employee, or family member of the employee or prospective
168employee, and the employer may not require the employee or prospective employee to provide a
169specific type of documentation from among the following documents:
170 (1) A protective order, or an order of equitable relief or other documentation, issued by a
171court of competent jurisdiction as a result of such abusive behavior, including but not limited to
172an order issued pursuant to chapter 209A or chapter 258E;
173 (2) A document under the letterhead of a court, public agency, or social service, health
174care, or other service provider that the victim of such abusive behavior attended for the purposes
175of acquiring assistance as it relates to the abusive behavior;
176 (3) A police report or statement of a victim or witness provided to police, including a
177police incident report, documenting such abusive behavior;
178 (4) Documentation that the perpetrator of such abusive behavior has been convicted of,
179has been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to
180support a finding of guilt of any offense constituting such abusive behavior;
181 (5) Documentation of health care treatment as a result of such abusive behavior;
182 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
183social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other 10 of 17
184professional who has assisted the victim of such abusive behavior in addressing the effects of
185such abusive behavior;
186 (7) A sworn statement, signed under the penalties of perjury, from the victim of such
187abusive behavior attesting to such abusive behavior; or
188 (8) Any other form of documentation or relevant evidence that reasonably corroborates or
189certifies that the employee, prospective employee, or family member of the employee or
190prospective employee is a victim of abusive behavior.
191 (i) An employee or prospective employee requesting an accommodation under this
192subsection is not required to produce any documentation to, or discuss any information with, the
193employer that would in any way compromise the safety of the victim of the abusive behavior,
194and an employer is prohibited from requiring any such production or disclosure except to the
195extent such documentation or information is necessary to provide or effectuate the
196accommodation, to protect the safety of the employee or others employed at the workplace, or to
197enable the employer to satisfy legal obligations.
198 (j) An employer shall maintain the confidentiality of all documentation and information
199provided by the employee or prospective employee related to the abusive behavior, including
200that the employee, prospective employee, or employee’s family member is a victim of abusive
201behavior or that the employee or prospective employee has requested or obtained a reasonable
202accommodation under this subsection, except under the following conditions: (i) the employee or
203prospective employee requests or consents in writing that such documentation or information be
204disclosed; (ii) the employer is ordered by a court of competent jurisdiction or administrative
205agency to disclose such documentation or information; (iii) disclosure is otherwise required by 11 of 17
206applicable federal or state law; (iv) disclosure is required in the course of an investigation
207authorized by law enforcement, including, but not limited to, an investigation by the attorney
208general; or (v) disclosure is necessary to protect the safety of the employee or others employed at
209the workplace or to provide or effectuate the accommodation.
210 (k) No employer shall (i) coerce, interfere with, restrain, or deny the exercise of, or any
211attempt to exercise, any rights provided under this subsection or (ii) make reasonable
212accommodations requested or taken hereunder contingent upon whether or not the employee,
213prospective employee, or victim of the abusive behavior maintains contact with the alleged
214abuser.
215 SECTION 6. Section 52E of Chapter 149 of the General Laws is hereby amended by
216striking out subsection (a) in its entirety and thereby replacing it with the following subsection:
217 (a) For purposes of this section, the following words shall have the following meanings,
218unless the context clearly indicates otherwise:
219 “Abuse,” (i) attempting to cause or causing physical harm; (ii) placing another in fear of
220imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations
221by force, threat, or duress; (iv) engaging in psychological, emotional, or mental abuse; (v)
222depriving another of health care, housing, food, or other necessities of life; (vi) engaging in
223harassment as defined in section 1 of chapter 258E; or (vii) restraining the liberty of another.
224 “Abusive behavior,” (i) any behavior constituting domestic violence; (ii) stalking in
225violation of section 43 of chapter 265; (iii) sexual assault, which shall include a violation of
226sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 12 of 17
227of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in violation of the third
228paragraph of section 26 of chapter 265.
229 “Domestic violence,” abuse against a person by (i) the person’s current or former spouse;
230(ii) someone with whom the person shares a child in common; (iii) someone with whom the
231person is or was cohabitating; (iv) someone with whom the person is related by consanguinity,
232adoption, or marriage; (v) someone with whom the person has or had an intimate, sexual, or
233romantic relationship or to whom the person is or was engaged to be married; or (vi) someone
234with whom the person is or was in a guardianship relationship.
235 “Employees”, individuals who perform, or who have been hired to perform, services for
236and under the control and direction of an employer for wages or other remuneration.
237 “Family member,” (i) a spouse of the employee or prospective employee; (ii) a person
238with whom the employee or prospective employee has a child in common;(iii) a person with
239whom the employee or prospective employee has a substantive intimate, romantic, or sexual
240relationship, or a dependency relationship, and with whom the employee or prospective
241employee resides; (iv) a person to whom the employee or prospective employee is engaged to be
242married; (v) a parent, step-parent, child, step-child, sibling, step-sibling, grandparent, step-
243grandparent, grandchild, or step-grandchild of the employee or prospective employee; or (vi) a
244person with whom the employee or prospective employee is or was in a guardianship
245relationship.
246 “Psychological, emotional, or mental abuse,” a pattern of threatening, humiliating, or
247intimidating actions that is designed to induce or likely to induce fear or terror or to restrict 13 of 17
248another person’s ability to exercise free will or autonomy, including but not limited to
249unreasonably engaging in any of the following as part of such a pattern:
250 Isolating another person from friends, family, and other sources of support;
251 (i) Isolating another person from friends, family, and other sources of support;
252 (ii) Limiting another person’s access to or use of family or personal money or financial
253resources;
254 (iii) Controlling, regulating, or monitoring another person’s activities, movements,
255communications, daily behavior, finances, economic resources, or access to services;
256 (iv) Belittling, degrading, or demeaning another person;
257 (v) Threatening to harm, to sexually assault or to kill another or another person’s family
258member;
259 (vi) Threatening to publish personal or false information about another person or to make
260false reports to law enforcement authorities about another person;
261 (vii) Damaging another person’s property or household goods; or
262 (viii) Forcing another person to take part in criminal activity or child abuse.
263 “Prospective employee”, a person who (i) has applied for employment with the employer,
264(ii) has been personally asked to apply for employment with the employer by the employer or
265employer’s agent, or (iii) has been offered employment with the employer, even if conditional. 14 of 17
266 “Health care”, medical health care, mental health care, substance abuse services, hospital
267care, dental health care, rehabilitative services and other similar services.
268 SECTION 7. Subsection (b)(ii) of Section 52E of Chapter 149 of the General Laws is
269hereby amended, after the word “attention”, by inserting the following: - “or other health care,”.
270 SECTION 8. Subsection (d) of Section 52E of Chapter 149 of the General Laws is hereby
271amended by inserting, in the first sentence, after the phrase “safety of an employee”, the
272following phrase: - “or family member of the employee,” and by striking out the figure “(7)” and
273thereby replacing it with the figure “(8)”.
274 SECTION 9. Subsection (e) of Section 52E of Chapter 149 of the General Laws is hereby
275amended by striking out the subsection in its entirety and replacing it with the following
276subsection: -
277 (e) An employer may require an employee or prospective employee requesting leave
278under this section to provide documentation evidencing that the employee, prospective
279employee, or family member of the employee or prospective employee is a victim of abusive
280behavior and that the leave taken is consistent with the conditions of clauses (i) to (iii), inclusive,
281of subsection (b); provided, however, that an employer shall not require an employee or
282prospective employee to show evidence of an arrest, conviction or other law enforcement
283documentation for such abusive behavior. An employee or prospective employee shall provide
284such documentation to the employer within a reasonable period after the employer requests
285documentation relative to the employee’s absence. An employee or prospective employee shall
286satisfy this documentation requirement by providing any 1 of the following documents to the 15 of 17
287employer, and the employer may not require the employee or prospective employee to provide a
288specific type of documentation from among the following documents.
289 (1) A protective order, or order of equitable relief or other documentation, issued by a
290court of competent jurisdiction as a result of abusive behavior, including but not limited to an
291order issued pursuant to chapter 209A or chapter 258E.
292 (2) A document under the letterhead of the court, public agency, or social service, health
293care, or other service provider which the victim of the abusive behavior attended for the purposes
294of acquiring assistance as it relates to the abusive behavior.
295 (3) A police report or statement of a victim or witness provided to police, including a
296police incident report, documenting the abusive behavior.
297 (4) Documentation that the perpetrator of the abusive behavior has been convicted of, has
298been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to support
299a finding of guilt of any offense constituting such abusive behavior
300 (5) Documentation of health care treatment as a result of the abusive behavior.
301 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
302social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
303professional who has assisted the victim of the abusive behavior in addressing the effects of the
304abusive behavior.
305 (7) A sworn statement, signed under the penalties of perjury, from the victim of the
306abusive behavior attesting to the abusive behavior. 16 of 17
307 (8) Any other form of documentation or relevant evidence that reasonably corroborates or
308certifies that the employee, prospective employee, or family member of the employee or
309prospective employee is a victim of abusive behavior.
310 Any documentation provided to an employer under this section may be maintained by the
311employer only in a separate, confidential file and only for as long as required for the employer to
312make a determination as to whether the employee is eligible for leave under this section. The
313provision of any documentation to an employer under this paragraph does not waive or diminish
314the confidential or privileged nature of communications between the victim of the abusive
315behavior and any of the categories of professionals listed in this paragraph.
316 An employee or prospective employee requesting leave under this section is not required
317to produce any documentation to, or discuss any information with, the employer that would in
318any way compromise the safety of the victim of the abusive behavior, and an employer is
319prohibited from requiring any such production or disclosure except to the extent such
320documentation or information is necessary to provide or effectuate the leave, to protect the safety
321of the employee or others employed at the workplace, or to enable the employer to satisfy legal
322obligations.
323 SECTION 10. Subsection (f)(i) of Section 52E of Chapter 149 of the General Laws is
324hereby amended by inserting, after the word “employee”, the words “or prospective employee;”
325and inserting, after the word “workplace”, the words “or to provide or effectuate the leave”.
326 SECTION 11. Subsection (g) of Section 52E of Chapter 149 of the General Laws is
327hereby amended by striking the word “taking” and thereby replacing it with the word “seeking”. 17 of 17
328 SECTION 12. Subsection (h) of Section 52E of Chapter 149 of the General Laws is
329hereby amended by inserting, after the word “victim”, the phrase “of the abusive behavior”, and
330after the words “this section or” by striking out the word “to”.
331 SECTION 13. Subsection (i) of Section 52E of Chapter 149 of the General Laws is
332hereby amended by inserting, after the word “section”, the phrase “or refuse to hire, or in any
333other manner discriminate against a prospective employee for exercising the prospective
334employee’s rights under this section.”