Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1918 Compare Versions

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2	2	HOUSE DOCKET, NO. 3239 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1918
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to employment protections for victims of abusive behavior.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 3239 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1918
18	18	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1918) of
19	19	Jay D. Livingstone and others relative to employment protections for victims of abusive
20	20	behavior. Labor and Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to employment protections for victims of abusive behavior.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of Chapter 151B of the General Laws is hereby amended by
30	30	2inserting the following terms: -
31	31	3 24. The term “victim of abusive behavior” in subsections 1 through 3 of section 4 of this
32	32	4chapter, including section 1F, means a person who is experiencing or has experienced abusive
33	33	5behavior.
34	34	6 25. The term “abusive behavior” in this section and subsections 1 through 3 of section 4
35	35	7of this chapter, including subsection 1F, means (i) any behavior constituting domestic violence;
36	36	8(ii) stalking in violation of section 43 of chapter 265; (iii) sexual assault, which shall include a
37	37	9violation of sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B,
38	38	1026D, 50 or 51 of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in
39	39	11violation of the third paragraph of section 26 of chapter 265. 2 of 17
40	40	12 26. The term “domestic violence” in this section means abuse against a person by (i) the
41	41	13person’s current or former spouse; (ii) someone with whom the person shares a child in common;
42	42	14(iii) someone with whom the person is or was cohabitating; (iv) someone with whom the person
43	43	15is related by consanguinity, adoption, or marriage; (v) someone with whom the person has or had
44	44	16an intimate, sexual, or romantic relationship or to whom the person is or was engaged to be
45	45	17married; or (vi) someone with whom the person is or was in a guardianship relationship.
46	46	18 27. The term “abuse” in this section means (i) attempting to cause or causing physical
47	47	19harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to
48	48	20engage involuntarily in sexual relations by force, threat, or duress; (iv) engaging in
49	49	21psychological, emotional, or mental abuse; (v) depriving another of health care, housing, food, or
50	50	22other necessities of life; (vi) engaging in harassment as defined in section 1 of chapter 258E; or
51	51	23(vii) restraining the liberty of another.
52	52	24 28. The term “psychological, emotional, or mental abuse” in this section means a pattern
53	53	25of threatening, humiliating, or intimidating actions that is designed to induce or likely to induce
54	54	26fear or terror or to restrict another person’s ability to exercise free will or autonomy, including
55	55	27but not limited to unreasonably engaging in any of the following as part of such a pattern:
56	56	28 (i) Isolating another person from friends, family, or other sources of support;
57	57	29 (ii) Limiting another person’s access to or use of family or personal money or financial
58	58	30resources;
59	59	31 (iii) Controlling, regulating, or monitoring the another person’s activities, movements,
60	60	32communications, daily behavior, finances, economic resources, or access to services; 3 of 17
61	61	33 (iv) Belittling, degrading, or demeaning another person;
62	62	34 (v) Threatening to harm, to sexually assault or kill another or another person’s family
63	63	35member;
64	64	36 (vi) Threatening to publish personal or false information about another person or to make
65	65	37false reports to law enforcement authorities about another person;
66	66	38 (vii) Damaging another person’s property or household goods; or
67	67	39 (viii) Forcing another person to take part in criminal activity or child abuse.
68	68	40 29. The term “family member” in subsection 1F of section 4 of chapter 151B means (i) a
69	69	41spouse of the employee or prospective employee; (ii) a person with whom the employee or
70	70	42prospective employee has a child in common; (iii) a person with whom the employee or
71	71	43prospective employee has a substantive intimate, romantic, or sexual relationship, or a
72	72	44dependency relationship, and with whom the employee or prospective employee resides; (iv) a
73	73	45person to whom the employee or prospective employee is engaged to be married; (v) a parent,
74	74	46step-parent, child, step-child, sibling, step-sibling, grandparent, step-grandparent, grandchild, or
75	75	47step-grandchild of the employee or prospective employee; or (vi) a person with whom the
76	76	48employee or prospective employee is or was in a guardianship relationship.
77	77	49 30. The term “prospective employee” in subsection 1F of section 4 of chapter 151B
78	78	50means a person who (i) has applied for employment with the employer, (ii) has been personally
79	79	51asked to apply for employment with the employer by the employer or employer’s agent, or (iii)
80	80	52has been offered employment with the employer, even if conditional. 4 of 17
81	81	53 31. The term “health care” in this section and in subsection 1F of section 4 of chapter
82	82	54151B includes medical health care, mental health care, substance abuse services, hospital care,
83	83	55dental health care and rehabilitative services.
84	84	56 SECTION 2. Section 4 of Chapter 151B of the General Laws is hereby amended, in
85	85	57subsection (1), after the word “ancestry” by inserting the following; - “status as a victim of
86	86	58abusive behavior,”.
87	87	59 SECTION 3. Section 4 of Chapter 151B of the General Laws is further amended, in
88	88	60subsection (2), after the word “information,” by inserting the following: - “pregnancy or a
89	89	61condition related to said pregnancy including, but not limited to, lactation or the need to express
90	90	62breast milk for a nursing child, status as a victim of abusive behavior,”.
91	91	63 SECTION 4. Section 4 of Chapter 151B of the General Laws is further amended, in
92	92	64subsection (3), before the phrase “or status as a veteran”, by inserting “status as a victim of
93	93	65abusive behavior” and before the phrase “status as a veteran” by inserting “status as a victim of
94	94	66abusive behavior,”.
95	95	67 SECTION 5. Section 4 of Chapter 151B of the General Laws is further amended by
96	96	68inserting the following subsection: -
97	97	69 (1F) (a) For an employer, by itself or its agent, not to provide a reasonable
98	98	70accommodation to an employee or prospective employee who is experiencing or has experienced
99	99	71abusive behavior, or whose family member is experiencing or has experienced abusive behavior,
100	100	72if the employee or prospective employee requests an accommodation related to the abusive
101	101	73behavior; provided, however, that an employer is not required to provide an accommodation if 5 of 17
102	102	74the employer can demonstrate that the accommodation would impose an undue hardship on the
103	103	75employer’s business.
104	104	76 (b) For an employer, by itself or its agent, to (i) discharge, or in any other manner
105	105	77discriminate against, an employee for exercising the employee’s rights under this subsection,
106	106	78including requesting or using an accommodation under this subsection; (ii) refuse to hire, or in
107	107	79any other manner discriminate against, a prospective employee for exercising the prospective
108	108	80employee’s rights under this subsection, including requesting or using an accommodation under
109	109	81this subsection; (iii) require an employee or prospective employee who requests an
110	110	82accommodation under this subsection to accept an accommodation that the employee or
111	111	83prospective employee chooses not to accept if that accommodation is unnecessary to enable the
112	112	84employee to perform the essential functions of the job; (iv) require an employee to take leave if a
113	113	85reasonable accommodation may be provided that permits the employee to perform the essential
114	114	86functions of the job without undue hardship to the employer’s business; or (v) make
115	115	87preemployment inquiry of a prospective employee as to whether the prospective employee will
116	116	88require a reasonable accommodation under this subsection, unless the prospective employee first
117	117	89voluntarily discloses to the employer, or employer’s agent, a situation that would qualify the
118	118	90prospective employee for a reasonable accommodation under this section.
119	119	91 (c) As used in this subsection, the following words shall have the following meanings
120	120	92unless the context clearly requires otherwise:
121	121	93 “Accommodation” means a temporary or permanent adjustment to a job structure or
122	122	94schedule, workplace facility, or work requirement that enables an employee who is a victim of
123	123	95abusive behavior, or whose family member is a victim of abusive behavior, to be safe or to 6 of 17
124	124	96address issues directly related to the abusive behavior, including but not limited to (i) more
125	125	97frequent or longer paid or unpaid breaks; (ii) transfers, reassignments, or schedule changes; (iii)
126	126	98changing a work phone number, email address, or any other work contact, electronic or
127	127	99otherwise; (iv) installing or changing locks or work access mechanisms; (v) assisting with
128	128	100documentation of the abusive behavior; (vi) implementing safety procedures; or (vii) prohibiting
129	129	101the perpetrator of the abusive behavior from being on the workplace property or limiting the
130	130	102perpetrator’s access to the workplace property or portion thereof where the employee works;
131	131	103provided, however, that an employer shall not be required as part of providing a reasonable
132	132	104accommodation to discharge or transfer another employee or promote an employee who is not
133	133	105able to perform the essential functions of the job with or without a reasonable accommodation.
134	134	106 “Undue hardship” shall mean an action requiring significant difficulty or expense;
135	135	107provided, however, that the employer shall have the burden of proving undue hardship; provided
136	136	108further, that in making a determination of undue hardship, the following factors shall be
137	137	109considered: (i) the nature and cost of the needed accommodation; (ii) the overall financial
138	138	110resources of the employer; (iii) the overall size of the business of the employer with respect to
139	139	111the number of employees and the number, type and location of its facilities; and (iv) any other
140	140	112impact of the reasonable accommodation on the employer’s business.
141	141	113 (d) Upon the employer’s receipt of a request from an employee or prospective employee
142	142	114for an accommodation under this subsection, the employee or prospective employee and the
143	143	115employer shall engage in a timely, good faith, and interactive process to determine an effective,
144	144	116reasonable accommodation. 7 of 17
145	145	117 (e) All employers will provide written notice to their employees of the right to be free
146	146	118from discrimination due to status as a victim of abusive behavior and of the right to a reasonable
147	147	119accommodation related to the abusive behavior. Such notice may be provided in a handbook,
148	148	120pamphlet, or other means of notice regularly used by the employer. In addition, all employers
149	149	121will provide such notice to (i) all new employees at the beginning of their employment and (ii)
150	150	122any employee or prospective employee who informs the employer that the employee, or
151	151	123prospective employee or family member of the employee or prospective employee, is a victim of
152	152	124abusive behavior not more than five days after the employer is so informed.
153	153	125 (f) Subject to appropriation, the commission shall develop courses of instruction and
154	154	126conduct public education efforts as necessary to inform employers, employees, and employment
155	155	127agencies, and, to the extent possible, the general population, about the rights and responsibilities
156	156	128established under this subsection not more than 180 days after the appropriation. Employers are
157	157	129encouraged to conduct an education and training program for new employees and members
158	158	130within one year of commencement of employment that includes information on the nature and
159	159	131extent of abusive behavior, issues of privacy and confidentiality, and the availability of
160	160	132reasonable accommodations. Employers are encouraged to conduct additional training for new
161	161	133supervisory and managerial employees within one ear of commencement of employment that
162	162	134includes information on the nature and extent of abusive behavior, issues of privacy and
163	163	135confidentiality, and the availability of reasonable accommodations.
164	164	136 (g) This subsection shall not be construed to preempt, limit, diminish, or otherwise affect
165	165	137any other law relating to leave or to abusive behavior, provided, however, that to the extent the
166	166	138reasonable accommodation requested pursuant to this section is a leave of absence, that leave
167	167	139need not exceed the amount of leave permitted under section 52E of chapter 149. 8 of 17
168	168	140 (h) An employer may require any employee or prospective employee requesting an
169	169	141accommodation under this subsection to provide documentation evidencing that the employee,
170	170	142the prospective employee, or a family member of the employee or the prospective employee is a
171	171	143victim of abusive behavior; provided, however, that an employer may not require the employee
172	172	144or prospective employee to produce, but may consider, documentation concerning the reasonable
173	173	145accommodation itself, including its type, form, scope, or duration; provided further, that an
174	174	146employer shall not require the employee or prospective employee to show evidence of an arrest,
175	175	147conviction, or other law enforcement documentation for such abusive behavior. The employee
176	176	148or prospective employee shall provide such documentation to the employer within a reasonable
177	177	149period after the employer requests such documentation, such reasonable period not to be shorter
178	178	150than 30 days. The employer must provide a reasonable accommodation in a timely manner and
179	179	151may not delay providing reasonable accommodation pending receipt of the documentation;
180	180	152provided that if the employee or prospective employee requests that the accommodation begin
181	181	153before such documentation can be provided, the employee or prospective employee shall provide
182	182	154the documentation to the employer within 30 days of requesting the accommodation. The
183	183	155employer may periodically require the employee to provide documentation showing continued
184	184	156need for any temporary accommodation, but no more often than every six months or when the
185	185	157employer learns of a significant change in the situation that necessitated the accommodation. The
186	186	158provision of any documentation provided to an employer under this paragraph does not waive or
187	187	159diminish the confidential or privileged nature of communications between a victim of abusive
188	188	160behavior and one or more individuals named in this paragraph.
189	189	161 The employer may maintain any documentation provided under this paragraph only in a
190	190	162separate, confidential file and only for as long as required for the employer to make a 9 of 17
191	191	163determination as to whether the employee is entitled to a reasonable accommodation under this
192	192	164subsection.
193	193	165 The employee or prospective employee shall satisfy the documentation requirement by
194	194	166providing any one of the following documents to the employer concerning the abusive behavior
195	195	167against the employee, prospective employee, or family member of the employee or prospective
196	196	168employee, and the employer may not require the employee or prospective employee to provide a
197	197	169specific type of documentation from among the following documents:
198	198	170 (1) A protective order, or an order of equitable relief or other documentation, issued by a
199	199	171court of competent jurisdiction as a result of such abusive behavior, including but not limited to
200	200	172an order issued pursuant to chapter 209A or chapter 258E;
201	201	173 (2) A document under the letterhead of a court, public agency, or social service, health
202	202	174care, or other service provider that the victim of such abusive behavior attended for the purposes
203	203	175of acquiring assistance as it relates to the abusive behavior;
204	204	176 (3) A police report or statement of a victim or witness provided to police, including a
205	205	177police incident report, documenting such abusive behavior;
206	206	178 (4) Documentation that the perpetrator of such abusive behavior has been convicted of,
207	207	179has been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to
208	208	180support a finding of guilt of any offense constituting such abusive behavior;
209	209	181 (5) Documentation of health care treatment as a result of such abusive behavior;
210	210	182 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
211	211	183social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other 10 of 17
212	212	184professional who has assisted the victim of such abusive behavior in addressing the effects of
213	213	185such abusive behavior;
214	214	186 (7) A sworn statement, signed under the penalties of perjury, from the victim of such
215	215	187abusive behavior attesting to such abusive behavior; or
216	216	188 (8) Any other form of documentation or relevant evidence that reasonably corroborates or
217	217	189certifies that the employee, prospective employee, or family member of the employee or
218	218	190prospective employee is a victim of abusive behavior.
219	219	191 (i) An employee or prospective employee requesting an accommodation under this
220	220	192subsection is not required to produce any documentation to, or discuss any information with, the
221	221	193employer that would in any way compromise the safety of the victim of the abusive behavior,
222	222	194and an employer is prohibited from requiring any such production or disclosure except to the
223	223	195extent such documentation or information is necessary to provide or effectuate the
224	224	196accommodation, to protect the safety of the employee or others employed at the workplace, or to
225	225	197enable the employer to satisfy legal obligations.
226	226	198 (j) An employer shall maintain the confidentiality of all documentation and information
227	227	199provided by the employee or prospective employee related to the abusive behavior, including
228	228	200that the employee, prospective employee, or employee’s family member is a victim of abusive
229	229	201behavior or that the employee or prospective employee has requested or obtained a reasonable
230	230	202accommodation under this subsection, except under the following conditions: (i) the employee or
231	231	203prospective employee requests or consents in writing that such documentation or information be
232	232	204disclosed; (ii) the employer is ordered by a court of competent jurisdiction or administrative
233	233	205agency to disclose such documentation or information; (iii) disclosure is otherwise required by 11 of 17
234	234	206applicable federal or state law; (iv) disclosure is required in the course of an investigation
235	235	207authorized by law enforcement, including, but not limited to, an investigation by the attorney
236	236	208general; or (v) disclosure is necessary to protect the safety of the employee or others employed at
237	237	209the workplace or to provide or effectuate the accommodation.
238	238	210 (k) No employer shall (i) coerce, interfere with, restrain, or deny the exercise of, or any
239	239	211attempt to exercise, any rights provided under this subsection or (ii) make reasonable
240	240	212accommodations requested or taken hereunder contingent upon whether or not the employee,
241	241	213prospective employee, or victim of the abusive behavior maintains contact with the alleged
242	242	214abuser.
243	243	215 SECTION 6. Section 52E of Chapter 149 of the General Laws is hereby amended by
244	244	216striking out subsection (a) in its entirety and thereby replacing it with the following subsection:
245	245	217 (a) For purposes of this section, the following words shall have the following meanings,
246	246	218unless the context clearly indicates otherwise:
247	247	219 “Abuse,” (i) attempting to cause or causing physical harm; (ii) placing another in fear of
248	248	220imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations
249	249	221by force, threat, or duress; (iv) engaging in psychological, emotional, or mental abuse; (v)
250	250	222depriving another of health care, housing, food, or other necessities of life; (vi) engaging in
251	251	223harassment as defined in section 1 of chapter 258E; or (vii) restraining the liberty of another.
252	252	224 “Abusive behavior,” (i) any behavior constituting domestic violence; (ii) stalking in
253	253	225violation of section 43 of chapter 265; (iii) sexual assault, which shall include a violation of
254	254	226sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 12 of 17
255	255	227of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in violation of the third
256	256	228paragraph of section 26 of chapter 265.
257	257	229 “Domestic violence,” abuse against a person by (i) the person’s current or former spouse;
258	258	230(ii) someone with whom the person shares a child in common; (iii) someone with whom the
259	259	231person is or was cohabitating; (iv) someone with whom the person is related by consanguinity,
260	260	232adoption, or marriage; (v) someone with whom the person has or had an intimate, sexual, or
261	261	233romantic relationship or to whom the person is or was engaged to be married; or (vi) someone
262	262	234with whom the person is or was in a guardianship relationship.
263	263	235 “Employees”, individuals who perform, or who have been hired to perform, services for
264	264	236and under the control and direction of an employer for wages or other remuneration.
265	265	237 “Family member,” (i) a spouse of the employee or prospective employee; (ii) a person
266	266	238with whom the employee or prospective employee has a child in common;(iii) a person with
267	267	239whom the employee or prospective employee has a substantive intimate, romantic, or sexual
268	268	240relationship, or a dependency relationship, and with whom the employee or prospective
269	269	241employee resides; (iv) a person to whom the employee or prospective employee is engaged to be
270	270	242married; (v) a parent, step-parent, child, step-child, sibling, step-sibling, grandparent, step-
271	271	243grandparent, grandchild, or step-grandchild of the employee or prospective employee; or (vi) a
272	272	244person with whom the employee or prospective employee is or was in a guardianship
273	273	245relationship.
274	274	246 “Psychological, emotional, or mental abuse,” a pattern of threatening, humiliating, or
275	275	247intimidating actions that is designed to induce or likely to induce fear or terror or to restrict 13 of 17
276	276	248another person’s ability to exercise free will or autonomy, including but not limited to
277	277	249unreasonably engaging in any of the following as part of such a pattern:
278	278	250 Isolating another person from friends, family, and other sources of support;
279	279	251 (i) Isolating another person from friends, family, and other sources of support;
280	280	252 (ii) Limiting another person’s access to or use of family or personal money or financial
281	281	253resources;
282	282	254 (iii) Controlling, regulating, or monitoring another person’s activities, movements,
283	283	255communications, daily behavior, finances, economic resources, or access to services;
284	284	256 (iv) Belittling, degrading, or demeaning another person;
285	285	257 (v) Threatening to harm, to sexually assault or to kill another or another person’s family
286	286	258member;
287	287	259 (vi) Threatening to publish personal or false information about another person or to make
288	288	260false reports to law enforcement authorities about another person;
289	289	261 (vii) Damaging another person’s property or household goods; or
290	290	262 (viii) Forcing another person to take part in criminal activity or child abuse.
291	291	263 “Prospective employee”, a person who (i) has applied for employment with the employer,
292	292	264(ii) has been personally asked to apply for employment with the employer by the employer or
293	293	265employer’s agent, or (iii) has been offered employment with the employer, even if conditional. 14 of 17
294	294	266 “Health care”, medical health care, mental health care, substance abuse services, hospital
295	295	267care, dental health care, rehabilitative services and other similar services.
296	296	268 SECTION 7. Subsection (b)(ii) of Section 52E of Chapter 149 of the General Laws is
297	297	269hereby amended, after the word “attention”, by inserting the following: - “or other health care,”.
298	298	270 SECTION 8. Subsection (d) of Section 52E of Chapter 149 of the General Laws is hereby
299	299	271amended by inserting, in the first sentence, after the phrase “safety of an employee”, the
300	300	272following phrase: - “or family member of the employee,” and by striking out the figure “(7)” and
301	301	273thereby replacing it with the figure “(8)”.
302	302	274 SECTION 9. Subsection (e) of Section 52E of Chapter 149 of the General Laws is hereby
303	303	275amended by striking out the subsection in its entirety and replacing it with the following
304	304	276subsection: -
305	305	277 (e) An employer may require an employee or prospective employee requesting leave
306	306	278under this section to provide documentation evidencing that the employee, prospective
307	307	279employee, or family member of the employee or prospective employee is a victim of abusive
308	308	280behavior and that the leave taken is consistent with the conditions of clauses (i) to (iii), inclusive,
309	309	281of subsection (b); provided, however, that an employer shall not require an employee or
310	310	282prospective employee to show evidence of an arrest, conviction or other law enforcement
311	311	283documentation for such abusive behavior. An employee or prospective employee shall provide
312	312	284such documentation to the employer within a reasonable period after the employer requests
313	313	285documentation relative to the employee’s absence. An employee or prospective employee shall
314	314	286satisfy this documentation requirement by providing any 1 of the following documents to the 15 of 17
315	315	287employer, and the employer may not require the employee or prospective employee to provide a
316	316	288specific type of documentation from among the following documents.
317	317	289 (1) A protective order, or order of equitable relief or other documentation, issued by a
318	318	290court of competent jurisdiction as a result of abusive behavior, including but not limited to an
319	319	291order issued pursuant to chapter 209A or chapter 258E.
320	320	292 (2) A document under the letterhead of the court, public agency, or social service, health
321	321	293care, or other service provider which the victim of the abusive behavior attended for the purposes
322	322	294of acquiring assistance as it relates to the abusive behavior.
323	323	295 (3) A police report or statement of a victim or witness provided to police, including a
324	324	296police incident report, documenting the abusive behavior.
325	325	297 (4) Documentation that the perpetrator of the abusive behavior has been convicted of, has
326	326	298been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to support
327	327	299a finding of guilt of any offense constituting such abusive behavior
328	328	300 (5) Documentation of health care treatment as a result of the abusive behavior.
329	329	301 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
330	330	302social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
331	331	303professional who has assisted the victim of the abusive behavior in addressing the effects of the
332	332	304abusive behavior.
333	333	305 (7) A sworn statement, signed under the penalties of perjury, from the victim of the
334	334	306abusive behavior attesting to the abusive behavior. 16 of 17
335	335	307 (8) Any other form of documentation or relevant evidence that reasonably corroborates or
336	336	308certifies that the employee, prospective employee, or family member of the employee or
337	337	309prospective employee is a victim of abusive behavior.
338	338	310 Any documentation provided to an employer under this section may be maintained by the
339	339	311employer only in a separate, confidential file and only for as long as required for the employer to
340	340	312make a determination as to whether the employee is eligible for leave under this section. The
341	341	313provision of any documentation to an employer under this paragraph does not waive or diminish
342	342	314the confidential or privileged nature of communications between the victim of the abusive
343	343	315behavior and any of the categories of professionals listed in this paragraph.
344	344	316 An employee or prospective employee requesting leave under this section is not required
345	345	317to produce any documentation to, or discuss any information with, the employer that would in
346	346	318any way compromise the safety of the victim of the abusive behavior, and an employer is
347	347	319prohibited from requiring any such production or disclosure except to the extent such
348	348	320documentation or information is necessary to provide or effectuate the leave, to protect the safety
349	349	321of the employee or others employed at the workplace, or to enable the employer to satisfy legal
350	350	322obligations.
351	351	323 SECTION 10. Subsection (f)(i) of Section 52E of Chapter 149 of the General Laws is
352	352	324hereby amended by inserting, after the word “employee”, the words “or prospective employee;”
353	353	325and inserting, after the word “workplace”, the words “or to provide or effectuate the leave”.
354	354	326 SECTION 11. Subsection (g) of Section 52E of Chapter 149 of the General Laws is
355	355	327hereby amended by striking the word “taking” and thereby replacing it with the word “seeking”. 17 of 17
356	356	328 SECTION 12. Subsection (h) of Section 52E of Chapter 149 of the General Laws is
357	357	329hereby amended by inserting, after the word “victim”, the phrase “of the abusive behavior”, and
358	358	330after the words “this section or” by striking out the word “to”.
359	359	331 SECTION 13. Subsection (i) of Section 52E of Chapter 149 of the General Laws is
360	360	332hereby amended by inserting, after the word “section”, the phrase “or refuse to hire, or in any
361	361	333other manner discriminate against a prospective employee for exercising the prospective
362	362	334employee’s rights under this section.”