Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1152 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 2005 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1152
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 :Cynthia Stone CreemNorfolk and MiddlesexPatrick M. O'ConnorFirst Plymouth and Norfolk2/14/2023Michael O. MooreSecond Worcester2/15/2023James B. EldridgeMiddlesex and Worcester3/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex3/6/2023 1 of 17
16	16	SENATE DOCKET, NO. 2005 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1152
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 1152) of Cynthia Stone Creem,
19	19	Patrick M. O'Connor, Michael O. Moore, James B. Eldridge and others for legislation relative to
20	20	employment protections for victims of abusive behavior. Labor and Workforce Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1173 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to employment protections for victims of abusive behavior.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of Chapter 151B of the General Laws is hereby amended by
32	32	2inserting the following terms: -
33	33	3 24. The term “victim of abusive behavior” in subsections 1 through 3 of section 4 of this
34	34	4chapter, including section 1F, means a person who is experiencing or has experienced abusive
35	35	5behavior.
36	36	6 25. The term “abusive behavior” in this section and subsections 1 through 3 of section 4
37	37	7of this chapter, including subsection 1F, means (i) any behavior constituting domestic violence;
38	38	8(ii) stalking in violation of section 43 of chapter 265; (iii) sexual assault, which shall include a
39	39	9violation of sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 2 of 17
40	40	1026D, 50 or 51 of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in
41	41	11violation of the third paragraph of section 26 of chapter 265.
42	42	12 26. The term “domestic violence” in this section means abuse against a person by (i) the
43	43	13person’s current or former spouse; (ii) someone with whom the person shares a child in common;
44	44	14(iii) someone with whom the person is or was cohabitating; (iv) someone with whom the person
45	45	15is related by consanguinity, adoption, or marriage; (v) someone with whom the person has or had
46	46	16an intimate, sexual, or romantic relationship or to whom the person is or was engaged to be
47	47	17married; or (vi) someone with whom the person is or was in a guardianship relationship.
48	48	18 27. The term “abuse” in this section means (i) attempting to cause or causing physical
49	49	19harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to
50	50	20engage involuntarily in sexual relations by force, threat, or duress; (iv) engaging in
51	51	21psychological, emotional, or mental abuse; (v) depriving another of health care, housing, food, or
52	52	22other necessities of life; (vi) engaging in harassment as defined in section 1 of chapter 258E; or
53	53	23(vii) restraining the liberty of another.
54	54	24 28. The term “psychological, emotional, or mental abuse” in this section means a pattern
55	55	25of threatening, humiliating, or intimidating actions that is designed to induce or likely to induce
56	56	26fear or terror or to restrict another person’s ability to exercise free will or autonomy, including
57	57	27but not limited to unreasonably engaging in any of the following as part of such a pattern:
58	58	28 (i) Isolating another person from friends, family, or other sources of support;
59	59	29 (ii) Limiting another person’s access to or use of family or personal money or financial
60	60	30resources; 3 of 17
61	61	31 (iii) Controlling, regulating, or monitoring the another person’s activities, movements,
62	62	32communications, daily behavior, finances, economic resources, or access to services;
63	63	33 (iv) Belittling, degrading, or demeaning another person;
64	64	34 (v) Threatening to harm, to sexually assault or kill another or another person’s family
65	65	35member;
66	66	36 (vi) Threatening to publish personal or false information about another person or to make
67	67	37false reports to law enforcement authorities about another person;
68	68	38 (vii) Damaging another person’s property or household goods; or
69	69	39 (viii) Forcing another person to take part in criminal activity or child abuse.
70	70	40 29. The term “family member” in subsection 1F of section 4 of chapter 151B means (i) a
71	71	41spouse of the employee or prospective employee; (ii) a person with whom the employee or
72	72	42prospective employee has a child in common; (iii) a person with whom the employee or
73	73	43prospective employee has a substantive intimate, romantic, or sexual relationship, or a
74	74	44dependency relationship, and with whom the employee or prospective employee resides; (iv) a
75	75	45person to whom the employee or prospective employee is engaged to be married; (v) a parent,
76	76	46step-parent, child, step-child, sibling, step-sibling, grandparent, step-grandparent, grandchild, or
77	77	47step-grandchild of the employee or prospective employee; or (vi) a person with whom the
78	78	48employee or prospective employee is or was in a guardianship relationship.
79	79	49 30. The term “prospective employee” in subsection 1F of section 4 of chapter 151B
80	80	50means a person who (i) has applied for employment with the employer, (ii) has been personally 4 of 17
81	81	51asked to apply for employment with the employer by the employer or employer’s agent, or (iii)
82	82	52has been offered employment with the employer, even if conditional.
83	83	53 31. The term “health care” in this section and in subsection 1F of section 4 of chapter
84	84	54151B includes medical health care, mental health care, substance abuse services, hospital care,
85	85	55dental health care and rehabilitative services.
86	86	56 SECTION 2. Section 4 of Chapter 151B of the General Laws is hereby amended, in
87	87	57subsection (1), after the word “ancestry” by inserting the following; - “status as a victim of
88	88	58abusive behavior,”.
89	89	59 SECTION 3. Section 4 of Chapter 151B of the General Laws is further amended, in
90	90	60subsection (2), after the word “information,” by inserting the following: - “pregnancy or a
91	91	61condition related to said pregnancy including, but not limited to, lactation or the need to express
92	92	62breast milk for a nursing child, status as a victim of abusive behavior,”.
93	93	63 SECTION 4. Section 4 of Chapter 151B of the General Laws is further amended, in
94	94	64subsection (3), before the phrase “or status as a veteran”, by inserting “status as a victim of
95	95	65abusive behavior” and before the phrase “status as a veteran” by inserting “status as a victim of
96	96	66abusive behavior,”.
97	97	67 SECTION 5. Section 4 of Chapter 151B of the General Laws is further amended by
98	98	68inserting the following subsection: -
99	99	69 (1F) (a) For an employer, by itself or its agent, not to provide a reasonable
100	100	70accommodation to an employee or prospective employee who is experiencing or has experienced
101	101	71abusive behavior, or whose family member is experiencing or has experienced abusive behavior, 5 of 17
102	102	72if the employee or prospective employee requests an accommodation related to the abusive
103	103	73behavior; provided, however, that an employer is not required to provide an accommodation if
104	104	74the employer can demonstrate that the accommodation would impose an undue hardship on the
105	105	75employer’s business.
106	106	76 (b) For an employer, by itself or its agent, to (i) discharge, or in any other manner
107	107	77discriminate against, an employee for exercising the employee’s rights under this subsection,
108	108	78including requesting or using an accommodation under this subsection; (ii) refuse to hire, or in
109	109	79any other manner discriminate against, a prospective employee for exercising the prospective
110	110	80employee’s rights under this subsection, including requesting or using an accommodation under
111	111	81this subsection; (iii) require an employee or prospective employee who requests an
112	112	82accommodation under this subsection to accept an accommodation that the employee or
113	113	83prospective employee chooses not to accept if that accommodation is unnecessary to enable the
114	114	84employee to perform the essential functions of the job; (iv) require an employee to take leave if a
115	115	85reasonable accommodation may be provided that permits the employee to perform the essential
116	116	86functions of the job without undue hardship to the employer’s business; or (v) make
117	117	87preemployment inquiry of a prospective employee as to whether the prospective employee will
118	118	88require a reasonable accommodation under this subsection, unless the prospective employee first
119	119	89voluntarily discloses to the employer, or employer’s agent, a situation that would qualify the
120	120	90prospective employee for a reasonable accommodation under this section.
121	121	91 (c) As used in this subsection, the following words shall have the following meanings
122	122	92unless the context clearly requires otherwise: 6 of 17
123	123	93 “Accommodation” means a temporary or permanent adjustment to a job structure or
124	124	94schedule, workplace facility, or work requirement that enables an employee who is a victim of
125	125	95abusive behavior, or whose family member is a victim of abusive behavior, to be safe or to
126	126	96address issues directly related to the abusive behavior, including but not limited to (i) more
127	127	97frequent or longer paid or unpaid breaks; (ii) transfers, reassignments, or schedule changes; (iii)
128	128	98changing a work phone number, email address, or any other work contact, electronic or
129	129	99otherwise; (iv) installing or changing locks or work access mechanisms; (v) assisting with
130	130	100documentation of the abusive behavior; (vi) implementing safety procedures; or (vii) prohibiting
131	131	101the perpetrator of the abusive behavior from being on the workplace property or limiting the
132	132	102perpetrator’s access to the workplace property or portion thereof where the employee works;
133	133	103provided, however, that an employer shall not be required as part of providing a reasonable
134	134	104accommodation to discharge or transfer another employee or promote an employee who is not
135	135	105able to perform the essential functions of the job with or without a reasonable accommodation.
136	136	106 “Undue hardship” shall mean an action requiring significant difficulty or expense;
137	137	107provided, however, that the employer shall have the burden of proving undue hardship; provided
138	138	108further, that in making a determination of undue hardship, the following factors shall be
139	139	109considered: (i) the nature and cost of the needed accommodation; (ii) the overall financial
140	140	110resources of the employer; (iii) the overall size of the business of the employer with respect to
141	141	111the number of employees and the number, type and location of its facilities; and (iv) any other
142	142	112impact of the reasonable accommodation on the employer’s business.
143	143	113 (d) Upon the employer’s receipt of a request from an employee or prospective employee
144	144	114for an accommodation under this subsection, the employee or prospective employee and the 7 of 17
145	145	115employer shall engage in a timely, good faith, and interactive process to determine an effective,
146	146	116reasonable accommodation.
147	147	117 (e) All employers will provide written notice to their employees of the right to be free
148	148	118from discrimination due to status as a victim of abusive behavior and of the right to a reasonable
149	149	119accommodation related to the abusive behavior. Such notice may be provided in a handbook,
150	150	120pamphlet, or other means of notice regularly used by the employer. In addition, all employers
151	151	121will provide such notice to (i) all new employees at the beginning of their employment and (ii)
152	152	122any employee or prospective employee who informs the employer that the employee, or
153	153	123prospective employee or family member of the employee or prospective employee, is a victim of
154	154	124abusive behavior not more than five days after the employer is so informed.
155	155	125 (f) Subject to appropriation, the commission shall develop courses of instruction and
156	156	126conduct public education efforts as necessary to inform employers, employees, and employment
157	157	127agencies, and, to the extent possible, the general population, about the rights and responsibilities
158	158	128established under this subsection not more than 180 days after the appropriation. Employers are
159	159	129encouraged to conduct an education and training program for new employees and members
160	160	130within one year of commencement of employment that includes information on the nature and
161	161	131extent of abusive behavior, issues of privacy and confidentiality, and the availability of
162	162	132reasonable accommodations. Employers are encouraged to conduct additional training for new
163	163	133supervisory and managerial employees within one ear of commencement of employment that
164	164	134includes information on the nature and extent of abusive behavior, issues of privacy and
165	165	135confidentiality, and the availability of reasonable accommodations. 8 of 17
166	166	136 (g) This subsection shall not be construed to preempt, limit, diminish, or otherwise affect
167	167	137any other law relating to leave or to abusive behavior, provided, however, that to the extent the
168	168	138reasonable accommodation requested pursuant to this section is a leave of absence, that leave
169	169	139need not exceed the amount of leave permitted under section 52E of chapter 149.
170	170	140 (h) An employer may require any employee or prospective employee requesting an
171	171	141accommodation under this subsection to provide documentation evidencing that the employee,
172	172	142the prospective employee, or a family member of the employee or the prospective employee is a
173	173	143victim of abusive behavior; provided, however, that an employer may not require the employee
174	174	144or prospective employee to produce, but may consider, documentation concerning the reasonable
175	175	145accommodation itself, including its type, form, scope, or duration; provided further, that an
176	176	146employer shall not require the employee or prospective employee to show evidence of an arrest,
177	177	147conviction, or other law enforcement documentation for such abusive behavior. The employee or
178	178	148prospective employee shall provide such documentation to the employer within a reasonable
179	179	149period after the employer requests such documentation, such reasonable period not to be shorter
180	180	150than 30 days. The employer must provide a reasonable accommodation in a timely manner and
181	181	151may not delay providing reasonable accommodation pending receipt of the documentation;
182	182	152provided that if the employee or prospective employee requests that the accommodation begin
183	183	153before such documentation can be provided, the employee or prospective employee shall provide
184	184	154the documentation to the employer within 30 days of requesting the accommodation. The
185	185	155employer may periodically require the employee to provide documentation showing continued
186	186	156need for any temporary accommodation, but no more often than every six months or when the
187	187	157employer learns of a significant change in the situation that necessitated the accommodation. The
188	188	158provision of any documentation provided to an employer under this paragraph does not waive or 9 of 17
189	189	159diminish the confidential or privileged nature of communications between a victim of abusive
190	190	160behavior and one or more individuals named in this paragraph.
191	191	161 The employer may maintain any documentation provided under this paragraph only in a
192	192	162separate, confidential file and only for as long as required for the employer to make a
193	193	163determination as to whether the employee is entitled to a reasonable accommodation under this
194	194	164subsection.
195	195	165 The employee or prospective employee shall satisfy the documentation requirement by
196	196	166providing any one of the following documents to the employer concerning the abusive behavior
197	197	167against the employee, prospective employee, or family member of the employee or prospective
198	198	168employee, and the employer may not require the employee or prospective employee to provide a
199	199	169specific type of documentation from among the following documents:
200	200	170 (1) A protective order, or an order of equitable relief or other documentation, issued by a
201	201	171court of competent jurisdiction as a result of such abusive behavior, including but not limited to
202	202	172an order issued pursuant to chapter 209A or chapter 258E;
203	203	173 (2) A document under the letterhead of a court, public agency, or social service, health
204	204	174care, or other service provider that the victim of such abusive behavior attended for the purposes
205	205	175of acquiring assistance as it relates to the abusive behavior;
206	206	176 (3) A police report or statement of a victim or witness provided to police, including a
207	207	177police incident report, documenting such abusive behavior; 10 of 17
208	208	178 (4) Documentation that the perpetrator of such abusive behavior has been convicted of,
209	209	179has been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to
210	210	180support a finding of guilt of any offense constituting such abusive behavior;
211	211	181 (5) Documentation of health care treatment as a result of such abusive behavior;
212	212	182 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
213	213	183social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other
214	214	184professional who has assisted the victim of such abusive behavior in addressing the effects of
215	215	185such abusive behavior;
216	216	186 (7) A sworn statement, signed under the penalties of perjury, from the victim of such
217	217	187abusive behavior attesting to such abusive behavior; or
218	218	188 (8) Any other form of documentation or relevant evidence that reasonably corroborates or
219	219	189certifies that the employee, prospective employee, or family member of the employee or
220	220	190prospective employee is a victim of abusive behavior.
221	221	191 (i) An employee or prospective employee requesting an accommodation under this
222	222	192subsection is not required to produce any documentation to, or discuss any information with, the
223	223	193employer that would in any way compromise the safety of the victim of the abusive behavior,
224	224	194and an employer is prohibited from requiring any such production or disclosure except to the
225	225	195extent such documentation or information is necessary to provide or effectuate the
226	226	196accommodation, to protect the safety of the employee or others employed at the workplace, or to
227	227	197enable the employer to satisfy legal obligations. 11 of 17
228	228	198 (j) An employer shall maintain the confidentiality of all documentation and information
229	229	199provided by the employee or prospective employee related to the abusive behavior, including
230	230	200that the employee, prospective employee, or employee’s family member is a victim of abusive
231	231	201behavior or that the employee or prospective employee has requested or obtained a reasonable
232	232	202accommodation under this subsection, except under the following conditions: (i) the employee or
233	233	203prospective employee requests or consents in writing that such documentation or information be
234	234	204disclosed; (ii) the employer is ordered by a court of competent jurisdiction or administrative
235	235	205agency to disclose such documentation or information; (iii) disclosure is otherwise required by
236	236	206applicable federal or state law; (iv) disclosure is required in the course of an investigation
237	237	207authorized by law enforcement, including, but not limited to, an investigation by the attorney
238	238	208general; or (v) disclosure is necessary to protect the safety of the employee or others employed at
239	239	209the workplace or to provide or effectuate the accommodation.
240	240	210 (k) No employer shall (i) coerce, interfere with, restrain, or deny the exercise of, or any
241	241	211attempt to exercise, any rights provided under this subsection or (ii) make reasonable
242	242	212accommodations requested or taken hereunder contingent upon whether or not the employee,
243	243	213prospective employee, or victim of the abusive behavior maintains contact with the alleged
244	244	214abuser.
245	245	215 SECTION 6. Section 52E of Chapter 149 of the General Laws is hereby amended by
246	246	216striking out subsection (a) in its entirety and thereby replacing it with the following subsection:
247	247	217 (a) For purposes of this section, the following words shall have the following meanings,
248	248	218unless the context clearly indicates otherwise: 12 of 17
249	249	219 “Abuse,” (i) attempting to cause or causing physical harm; (ii) placing another in fear of
250	250	220imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations
251	251	221by force, threat, or duress; (iv) engaging in psychological, emotional, or mental abuse; (v)
252	252	222depriving another of health care, housing, food, or other necessities of life; (vi) engaging in
253	253	223harassment as defined in section 1 of chapter 258E; or (vii) restraining the liberty of another.
254	254	224 “Abusive behavior,” (i) any behavior constituting domestic violence; (ii) stalking in
255	255	225violation of section 43 of chapter 265; (iii) sexual assault, which shall include a violation of
256	256	226sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51
257	257	227of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in violation of the third
258	258	228paragraph of section 26 of chapter 265.
259	259	229 “Domestic violence,” abuse against a person by (i) the person’s current or former spouse;
260	260	230(ii) someone with whom the person shares a child in common; (iii) someone with whom the
261	261	231person is or was cohabitating; (iv) someone with whom the person is related by consanguinity,
262	262	232adoption, or marriage; (v) someone with whom the person has or had an intimate, sexual, or
263	263	233romantic relationship or to whom the person is or was engaged to be married; or (vi) someone
264	264	234with whom the person is or was in a guardianship relationship.
265	265	235 “Employees”, individuals who perform, or who have been hired to perform, services for
266	266	236and under the control and direction of an employer for wages or other remuneration.
267	267	237 “Family member,” (i) a spouse of the employee or prospective employee; (ii) a person
268	268	238with whom the employee or prospective employee has a child in common;(iii) a person with
269	269	239whom the employee or prospective employee has a substantive intimate, romantic, or sexual
270	270	240relationship, or a dependency relationship, and with whom the employee or prospective 13 of 17
271	271	241employee resides; (iv) a person to whom the employee or prospective employee is engaged to be
272	272	242married; (v) a parent, step-parent, child, step-child, sibling, step-sibling, grandparent, step-
273	273	243grandparent, grandchild, or step-grandchild of the employee or prospective employee; or (vi) a
274	274	244person with whom the employee or prospective employee is or was in a guardianship
275	275	245relationship.
276	276	246 “Psychological, emotional, or mental abuse,” a pattern of threatening, humiliating, or
277	277	247intimidating actions that is designed to induce or likely to induce fear or terror or to restrict
278	278	248another person’s ability to exercise free will or autonomy, including but not limited to
279	279	249unreasonably engaging in any of the following as part of such a pattern:
280	280	250 Isolating another person from friends, family, and other sources of support;
281	281	251 (i) Isolating another person from friends, family, and other sources of support;
282	282	252 (ii) Limiting another person’s access to or use of family or personal money or financial
283	283	253resources;
284	284	254 (iii) Controlling, regulating, or monitoring another person’s activities, movements,
285	285	255communications, daily behavior, finances, economic resources, or access to services;
286	286	256 (iv) Belittling, degrading, or demeaning another person;
287	287	257 (v) Threatening to harm, to sexually assault or to kill another or another person’s family
288	288	258member;
289	289	259 (vi) Threatening to publish personal or false information about another person or to make
290	290	260false reports to law enforcement authorities about another person; 14 of 17
291	291	261 (vii) Damaging another person’s property or household goods; or
292	292	262 (viii) Forcing another person to take part in criminal activity or child abuse.
293	293	263 “Prospective employee”, a person who (i) has applied for employment with the employer,
294	294	264(ii) has been personally asked to apply for employment with the employer by the employer or
295	295	265employer’s agent, or (iii) has been offered employment with the employer, even if conditional.
296	296	266 “Health care”, medical health care, mental health care, substance abuse services, hospital
297	297	267care, dental health care, rehabilitative services and other similar services.
298	298	268 SECTION 7. Subsection (b)(ii) of Section 52E of Chapter 149 of the General Laws is
299	299	269hereby amended, after the word “attention”, by inserting the following: - “or other health care,”.
300	300	270 SECTION 8. Subsection (d) of Section 52E of Chapter 149 of the General Laws is hereby
301	301	271amended by inserting, in the first sentence, after the phrase “safety of an employee”, the
302	302	272following phrase: - “or family member of the employee,” and by striking out the figure “(7)” and
303	303	273thereby replacing it with the figure “(8)”.
304	304	274 SECTION 9. Subsection (e) of Section 52E of Chapter 149 of the General Laws is hereby
305	305	275amended by striking out the subsection in its entirety and replacing it with the following
306	306	276subsection: -
307	307	277 (e) An employer may require an employee or prospective employee requesting leave
308	308	278under this section to provide documentation evidencing that the employee, prospective
309	309	279employee, or family member of the employee or prospective employee is a victim of abusive
310	310	280behavior and that the leave taken is consistent with the conditions of clauses (i) to (iii), inclusive,
311	311	281of subsection (b); provided, however, that an employer shall not require an employee or 15 of 17
312	312	282prospective employee to show evidence of an arrest, conviction or other law enforcement
313	313	283documentation for such abusive behavior. An employee or prospective employee shall provide
314	314	284such documentation to the employer within a reasonable period after the employer requests
315	315	285documentation relative to the employee’s absence. An employee or prospective employee shall
316	316	286satisfy this documentation requirement by providing any 1 of the following documents to the
317	317	287employer, and the employer may not require the employee or prospective employee to provide a
318	318	288specific type of documentation from among the following documents.
319	319	289 (1) A protective order, or order of equitable relief or other documentation, issued by a
320	320	290court of competent jurisdiction as a result of abusive behavior, including but not limited to an
321	321	291order issued pursuant to chapter 209A or chapter 258E.
322	322	292 (2) A document under the letterhead of the court, public agency, or social service, health
323	323	293care, or other service provider which the victim of the abusive behavior attended for the purposes
324	324	294of acquiring assistance as it relates to the abusive behavior.
325	325	295 (3) A police report or statement of a victim or witness provided to police, including a
326	326	296police incident report, documenting the abusive behavior.
327	327	297 (4) Documentation that the perpetrator of the abusive behavior has been convicted of, has
328	328	298been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to support
329	329	299a finding of guilt of any offense constituting such abusive behavior
330	330	300 (5) Documentation of health care treatment as a result of the abusive behavior.
331	331	301 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
332	332	302social worker, health care worker, member of the clergy, shelter worker, legal advocate or other 16 of 17
333	333	303professional who has assisted the victim of the abusive behavior in addressing the effects of the
334	334	304abusive behavior.
335	335	305 (7) A sworn statement, signed under the penalties of perjury, from the victim of the
336	336	306abusive behavior attesting to the abusive behavior.
337	337	307 (8) Any other form of documentation or relevant evidence that reasonably corroborates or
338	338	308certifies that the employee, prospective employee, or family member of the employee or
339	339	309prospective employee is a victim of abusive behavior.
340	340	310 Any documentation provided to an employer under this section may be maintained by the
341	341	311employer only in a separate, confidential file and only for as long as required for the employer to
342	342	312make a determination as to whether the employee is eligible for leave under this section. The
343	343	313provision of any documentation to an employer under this paragraph does not waive or diminish
344	344	314the confidential or privileged nature of communications between the victim of the abusive
345	345	315behavior and any of the categories of professionals listed in this paragraph.
346	346	316 An employee or prospective employee requesting leave under this section is not required
347	347	317to produce any documentation to, or discuss any information with, the employer that would in
348	348	318any way compromise the safety of the victim of the abusive behavior, and an employer is
349	349	319prohibited from requiring any such production or disclosure except to the extent such
350	350	320documentation or information is necessary to provide or effectuate the leave, to protect the safety
351	351	321of the employee or others employed at the workplace, or to enable the employer to satisfy legal
352	352	322obligations. 17 of 17
353	353	323 SECTION 10. Subsection (f)(i) of Section 52E of Chapter 149 of the General Laws is
354	354	324hereby amended by inserting, after the word “employee”, the words “or prospective employee;”
355	355	325and inserting, after the word “workplace”, the words “or to provide or effectuate the leave”.
356	356	326 SECTION 11. Subsection (g) of Section 52E of Chapter 149 of the General Laws is
357	357	327hereby amended by striking the word “taking” and thereby replacing it with the word “seeking”.
358	358	328 SECTION 12. Subsection (h) of Section 52E of Chapter 149 of the General Laws is
359	359	329hereby amended by inserting, after the word “victim”, the phrase “of the abusive behavior”, and
360	360	330after the words “this section or” by striking out the word “to”.
361	361	331 SECTION 13. Subsection (i) of Section 52E of Chapter 149 of the General Laws is
362	362	332hereby amended by inserting, after the word “section”, the phrase “or refuse to hire, or in any
363	363	333other manner discriminate against a prospective employee for exercising the prospective
364	364	334employee’s rights under this section.”