Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1294 Compare Versions

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1456 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1294
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 Middlesex 1 of 13
16	16	SENATE DOCKET, NO. 1456 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1294
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 1294) of Cynthia Stone Creem for
19	19	legislation relative to employment protections for victims of abusive behavior. Labor and
20	20	Workforce Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1152 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
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” means a person who is experiencing or has
34	34	4experienced abusive behavior.
35	35	5 25. The term “abusive behavior” in this section and subsections 1 through 3 of Section 4
36	36	6of this chapter, including subsection 1F, means (i) any behavior constituting domestic violence;
37	37	7(ii) stalking in violation of Section 43 of Chapter 265; (iii) sexual assault, which shall include a
38	38	8violation of Sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 2 of 13
39	39	926D, 50 or 51 of Chapter 265 or Sections 2, 3, or 35A of Chapter 272; or (iv) kidnapping in
40	40	10violation of the third paragraph of Section 26 of Chapter 265.
41	41	11 26. The term “domestic violence” in this section means abuse, as defined in Section 1 of
42	42	12Chapter 209A, from an adult or minor family or household member, as defined in Section 1 of
43	43	13Chapter 209A.
44	44	14 27. The term “prospective employee” in subsection 1F of Section 4 of Chapter 151B, and
45	45	15in Section 52E of Chapter 149, means a person who (i) has applied for employment with the
46	46	16employer, (ii) has been personally asked to apply for employment with the employer by the
47	47	17employer or employer’s agent, or (iii) has been offered employment with the employer, even if
48	48	18conditional.
49	49	19 28. The term “health care” in subsection 1F of Section 4 of Chapter 151B is defined in
50	50	20Section 52E of Chapter 149.
51	51	21 SECTION 2. Section 4 of Chapter 151B of the General Laws is hereby amended, in
52	52	22subsection (1), after the word “ancestry” by inserting the following; - “status as a victim of
53	53	23abusive behavior,”.
54	54	24 SECTION 3. Section 4 of Chapter 151B of the General Laws is further amended, in
55	55	25subsection (2), after the word “information,” by inserting the following: - “pregnancy or a
56	56	26condition related to said pregnancy including, but not limited to, lactation or the need to express
57	57	27breast milk for a nursing child, status as a victim of abusive behavior,”.
58	58	28 SECTION 4. Section 4 of Chapter 151B of the General Laws is further amended, in
59	59	29subsection (3), before the phrase “or status as a veteran”, by inserting “status as a victim of 3 of 13
60	60	30abusive behavior” and before the phrase “status as a veteran” by inserting “status as a victim of
61	61	31abusive behavior,”.
62	62	32 SECTION 5. Section 4 of Chapter 151B of the General Laws is further amended by
63	63	33inserting the following subsection: -
64	64	34 (1F) (a) For an employer, by itself or its agent, not to provide a reasonable
65	65	35accommodation to an employee or prospective employee who is a victim of abusive behavior, if
66	66	36the employee or prospective employee requests an accommodation related to the abusive
67	67	37behavior; provided, however, that an employer is not required to provide an accommodation if
68	68	38the employer can demonstrate that the accommodation would impose an undue hardship on the
69	69	39employer’s business.
70	70	40 (b) For an employer, by itself or its agent, to (i) discharge, or in any other manner
71	71	41discriminate against, an employee for exercising the employee’s rights under this subsection,
72	72	42including requesting or using an accommodation under this subsection; (ii) refuse to hire, or in
73	73	43any other manner discriminate against, a prospective employee for exercising the prospective
74	74	44employee’s rights under this subsection, including requesting or using an accommodation under
75	75	45this subsection; (iii) require an employee or prospective employee who requests an
76	76	46accommodation under this subsection to accept an accommodation that the employee or
77	77	47prospective employee chooses not to accept if that accommodation is unnecessary to enable the
78	78	48employee to perform the essential functions of the job; (iv) require an employee to take leave if a
79	79	49reasonable accommodation may be provided that permits the employee to perform the essential
80	80	50functions of the job without undue hardship to the employer’s business; or (v) make
81	81	51preemployment inquiry of a prospective employee as to whether the prospective employee will 4 of 13
82	82	52require a reasonable accommodation under this subsection, unless the prospective employee first
83	83	53voluntarily discloses to the employer, or employer’s agent, a situation that would qualify the
84	84	54prospective employee for a reasonable accommodation under this section.
85	85	55 (c) As used in this subsection, the following words shall have the following meanings
86	86	56unless the context clearly requires otherwise:
87	87	57 “Accommodation” means a temporary or permanent adjustment to a job structure or
88	88	58schedule, workplace facility, or work requirement that enables an employee who is a victim of
89	89	59abusive behavior, or whose family member is a victim of abusive behavior, to be safe or to
90	90	60address issues directly related to the abusive behavior, including but not limited to (i) more
91	91	61frequent or longer paid or unpaid breaks; (ii) transfers, reassignments, or schedule changes; (iii)
92	92	62changing a work phone number, email address, or any other work contact, electronic or
93	93	63otherwise; (iv) installing or changing locks or work access mechanisms; (v) assisting with
94	94	64documentation of the abusive behavior; (vi) implementing safety procedures; or (vii) prohibiting
95	95	65the perpetrator of the abusive behavior from being on the workplace property or limiting the
96	96	66perpetrator’s access to the workplace property or portion thereof where the employee works;
97	97	67provided, however, that an employer shall not be required as part of providing a reasonable
98	98	68accommodation to discharge or transfer another employee or promote an employee who is not
99	99	69able to perform the essential functions of the job with or without a reasonable accommodation.
100	100	70 “Undue hardship” shall mean an action requiring significant difficulty or expense;
101	101	71provided, however, that the employer shall have the burden of proving undue hardship; provided
102	102	72further, that in making a determination of undue hardship, the following factors shall be
103	103	73considered: (i) the nature and cost of the needed accommodation; (ii) the overall financial 5 of 13
104	104	74resources of the employer; (iii) the overall size of the business of the employer with respect to
105	105	75the number of employees and the number, type and location of its facilities; and (iv) any other
106	106	76impact of the reasonable accommodation on the employer’s business.
107	107	77 (d) Upon the employer’s receipt of a request from an employee or prospective employee
108	108	78for an accommodation under this subsection, the employee or prospective employee and the
109	109	79employer shall engage in a timely, good faith, and interactive process to determine an effective,
110	110	80reasonable accommodation.
111	111	81 (e) All employers will provide written notice to their employees of the right to be free
112	112	82from discrimination due to status as a victim of abusive behavior and of the right to a reasonable
113	113	83accommodation related to the abusive behavior. Such notice may be provided in a handbook,
114	114	84pamphlet, or other means of notice regularly used by the employer. In addition, all employers
115	115	85will provide such notice to (i) all new employees at the beginning of their employment and (ii)
116	116	86any employee or prospective employee who informs the employer that the employee, or
117	117	87prospective employee or family member of the employee or prospective employee, is a victim of
118	118	88abusive behavior not more than five days after the employer is so informed.
119	119	89 (f) Subject to appropriation, the commission shall develop courses of instruction and
120	120	90conduct public education efforts as necessary to inform employers, employees, and employment
121	121	91agencies, and, to the extent possible, the general population, about the rights and responsibilities
122	122	92established under this subsection not more than 180 days after the appropriation. Employers are
123	123	93encouraged to conduct an education and training program for new employees and members
124	124	94within one year of commencement of employment that includes information on the nature and
125	125	95extent of abusive behavior, issues of privacy and confidentiality, and the availability of 6 of 13
126	126	96reasonable accommodations. Employers are encouraged to conduct additional training for new
127	127	97supervisory and managerial employees within one ear of commencement of employment that
128	128	98includes information on the nature and extent of abusive behavior, issues of privacy and
129	129	99confidentiality, and the availability of reasonable accommodations.
130	130	100 (g) This subsection shall not be construed to preempt, limit, diminish, or otherwise affect
131	131	101any other law relating to leave or to abusive behavior, provided, however, that to the extent the
132	132	102reasonable accommodation requested pursuant to this section is a leave of absence, that leave
133	133	103need not exceed the amount of leave permitted under Section 52E of Chapter 149.
134	134	104 (h) An employer may require any employee or prospective employee requesting an
135	135	105accommodation under this subsection to provide documentation evidencing that the employee,
136	136	106the prospective employee, or a family member of the employee or the prospective employee is a
137	137	107victim of abusive behavior; provided, however, that an employer may not require the employee
138	138	108or prospective employee to produce, but may consider, documentation concerning the reasonable
139	139	109accommodation itself, including its type, form, scope, or duration; provided further, that an
140	140	110employer shall not require the employee or prospective employee to show evidence of an arrest,
141	141	111conviction, or other law enforcement documentation for such abusive behavior. The employee
142	142	112or prospective employee shall provide such documentation to the employer within a reasonable
143	143	113period after the employer requests such documentation, such reasonable period not to be shorter
144	144	114than 30 days. The employer must provide a reasonable accommodation in a timely manner and
145	145	115may not delay providing reasonable accommodation pending receipt of the documentation;
146	146	116provided that if the employee or prospective employee requests that the accommodation begin
147	147	117before such documentation can be provided, the employee or prospective employee shall provide
148	148	118the documentation to the employer within 30 days of requesting the accommodation. The 7 of 13
149	149	119employer may periodically require the employee to provide documentation showing continued
150	150	120need for any temporary accommodation, but no more often than every six months or when the
151	151	121employer learns of a significant change in the situation that necessitated the accommodation. The
152	152	122provision of any documentation provided to an employer under this paragraph does not waive or
153	153	123diminish the confidential or privileged nature, if any, of communications between a victim of
154	154	124abusive behavior and any health care provider, clergy member, or other professional or counselor
155	155	125whose documentation is provided to the employer pursuant to this paragraph (h).
156	156	126 The employer may maintain any documentation provided under this paragraph only in a
157	157	127separate, confidential file and only for as long as required for the employer to make a
158	158	128determination as to whether the employee is entitled to a reasonable accommodation under this
159	159	129subsection.
160	160	130 The employee or prospective employee shall satisfy the documentation requirement by
161	161	131providing to the employer any one of the documents listed in Section 52E of Chapter 149, but an
162	162	132employer may not require the employee or prospective employee to provide a specific type of
163	163	133documentation from among the listed documents.
164	164	134 (i) An employee or prospective employee requesting an accommodation under this
165	165	135subsection is not required to produce any documentation to, or discuss any information with, the
166	166	136employer that would in any way compromise the safety of the victim of the abusive behavior,
167	167	137and an employer is prohibited from requiring any such production or disclosure except to the
168	168	138extent such documentation or information is necessary to provide or effectuate the
169	169	139accommodation, to protect the safety of the employee or others employed at the workplace, or to
170	170	140enable the employer to satisfy legal obligations. 8 of 13
171	171	141 (j) An employer shall maintain the confidentiality of all documentation and information
172	172	142provided by the employee or prospective employee related to the abusive behavior, including
173	173	143that the employee, prospective employee, or employee’s family member is a victim of abusive
174	174	144behavior or that the employee or prospective employee has requested or obtained a reasonable
175	175	145accommodation under this subsection, except under the following conditions: (i) the employee or
176	176	146prospective employee requests or consents in writing that such documentation or information be
177	177	147disclosed; (ii) the employer is ordered by a court of competent jurisdiction or administrative
178	178	148agency to disclose such documentation or information; (iii) disclosure is otherwise required by
179	179	149applicable federal or state law; (iv) disclosure is required in the course of an investigation
180	180	150authorized by law enforcement, including, but not limited to, an investigation by the attorney
181	181	151general; or (v) disclosure is necessary to protect the safety of the employee or others employed at
182	182	152the workplace or to provide or effectuate the accommodation.
183	183	153 (k) No employer shall (i) coerce, interfere with, restrain, or deny the exercise of, or any
184	184	154attempt to exercise, any rights provided under this subsection or (ii) make reasonable
185	185	155accommodations requested or taken hereunder contingent upon whether or not the employee,
186	186	156prospective employee, or victim of the abusive behavior maintains contact with the alleged
187	187	157abuser.
188	188	158 SECTION 6. Section 52E of Chapter 149 of the General Laws is hereby amended by
189	189	159striking out subsection (a) in its entirety and thereby replacing it with the following subsection:
190	190	160 (a) For purposes of this section, the following words shall have the following meanings,
191	191	161unless the context clearly indicates otherwise: 9 of 13
192	192	162 “Abusive behavior,” (i) any behavior constituting domestic violence; (ii) stalking in
193	193	163violation of Section 43 of Chapter 265; (iii) sexual assault, which shall include a violation of
194	194	164Sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or
195	195	16551 of Chapter 265 or Sections 2, 3, or 35A of Chapter 272; or (iv) kidnapping in violation of the
196	196	166third paragraph of Section 26 of Chapter 265.
197	197	167 “Domestic violence,” abuse, as defined in Section 1 of Chapter 209A, from an adult or
198	198	168minor family or household member as defined in Section 1 of Chapter 209A.
199	199	169 “Prospective employee”, a “prospective employee” as defined in Section 1 of Chapter
200	200	170151B.
201	201	171 “Health care”, medical health care, mental health care, substance abuse services, hospital
202	202	172care, dental health care, rehabilitative services and other similar services.
203	203	173 SECTION 7. Subsection (b)(ii) of Section 52E of Chapter 149 of the General Laws is
204	204	174hereby amended, after the word “attention”, by inserting the following: - “or other health care,”.
205	205	175 SECTION 8. Subsection (d) of Section 52E of Chapter 149 of the General Laws is hereby
206	206	176amended by inserting, in the first sentence, after the phrase “safety of an employee”, the
207	207	177following phrase: - “or family member of the employee,” and by striking out the figure “(7)” and
208	208	178thereby replacing it with the figure “(8)”.
209	209	179 SECTION 9. Subsection (e) of Section 52E of Chapter 149 of the General Laws is hereby
210	210	180amended by striking out the subsection in its entirety and replacing it with the following
211	211	181subsection: - 10 of 13
212	212	182 (e) An employer may require an employee or prospective employee requesting leave
213	213	183under this section to provide documentation evidencing that the employee, prospective
214	214	184employee, or family member of the employee or prospective employee is a victim of abusive
215	215	185behavior and that the leave taken is consistent with the conditions of clauses (i) to (iii), inclusive,
216	216	186of subsection (b); provided, however, that an employer shall not require an employee or
217	217	187prospective employee to show evidence of an arrest, conviction or other law enforcement
218	218	188documentation for such abusive behavior. An employee or prospective employee shall provide
219	219	189such documentation to the employer within a reasonable period after the employer requests
220	220	190documentation relative to the employee’s absence. An employee or prospective employee shall
221	221	191satisfy this documentation requirement by providing any one of the following documents to the
222	222	192employer, and the employer may not require the employee or prospective employee to provide a
223	223	193specific type of documentation from among the following documents.
224	224	194 (1) A protective order, or order of equitable relief or other documentation, issued by a
225	225	195court of competent jurisdiction as a result of abusive behavior, including but not limited to an
226	226	196order issued pursuant to Chapter 209A or Chapter 258E.
227	227	197 (2) A document under the letterhead of the court, public agency, or social service, health
228	228	198care, or other service provider which the victim of the abusive behavior attended for the purposes
229	229	199of acquiring assistance as it relates to the abusive behavior.
230	230	200 (3) A police report or statement of a victim or witness provided to police, including a
231	231	201police incident report, documenting the abusive behavior. 11 of 13
232	232	202 (4) Documentation that the perpetrator of the abusive behavior has been convicted of, has
233	233	203been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to support
234	234	204a finding of guilt of any offense constituting such abusive behavior.
235	235	205 (5) Documentation of health care treatment as a result of the abusive behavior.
236	236	206 (6) A sworn statement, signed under the penalties of perjury, provided by a counselor,
237	237	207social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
238	238	208professional who has assisted the victim of the abusive behavior in addressing the effects of the
239	239	209abusive behavior.
240	240	210 (7) A sworn statement, signed under the penalties of perjury, from the victim of the
241	241	211abusive behavior attesting to the abusive behavior.
242	242	212 (8) Any other form of documentation or relevant evidence that reasonably corroborates or
243	243	213certifies that the employee, prospective employee, or family member of the employee or
244	244	214prospective employee is a victim of abusive behavior.
245	245	215 Any documentation provided to an employer under this section may be maintained by the
246	246	216employer only in a separate, confidential file and only for as long as required for the employer to
247	247	217make a determination as to whether the employee is eligible for leave under this section. The
248	248	218provision of any documentation to an employer under this paragraph does not waive or diminish
249	249	219the confidential or privileged nature of communications between the victim of the abusive
250	250	220behavior and any of the categories of professionals listed in this paragraph.
251	251	221 An employee or prospective employee requesting leave under this section is not required
252	252	222to produce any documentation to, or discuss any information with, the employer that would in 12 of 13
253	253	223any way compromise the safety of the victim of the abusive behavior, and an employer is
254	254	224prohibited from requiring any such production or disclosure except to the extent such
255	255	225documentation or information is necessary to provide or effectuate the leave, to protect the safety
256	256	226of the employee or others employed at the workplace, or to enable the employer to satisfy legal
257	257	227obligations.
258	258	228 SECTION 10. Subsection (f)(i) of Section 52E of Chapter 149 of the General Laws is
259	259	229hereby amended by inserting, after the word “employee”, the words “or prospective employee;”
260	260	230and inserting, after the word “workplace”, the words “or to provide or effectuate the leave”.
261	261	231 SECTION 11. Subsection (g) of Section 52E of Chapter 149 of the General Laws is
262	262	232hereby amended by striking the word “taking” and thereby replacing it with the word “seeking”.
263	263	233 SECTION 12. Subsection (h) of Section 52E of Chapter 149 of the General Laws is
264	264	234hereby amended by inserting, after the word “victim”, the phrase “of the abusive behavior”, and
265	265	235after the words “this section or” by striking out the word “to”.
266	266	236 SECTION 13. Subsection (i) of Section 52E of Chapter 149 of the General Laws is
267	267	237hereby amended by inserting, after the word “section”, the phrase “or refuse to hire, or in any
268	268	238other manner discriminate against a prospective employee for exercising the prospective
269	269	239employee’s rights under this section.”
270	270	240 SECTION 14. Subsection (g1/2) of Section 1 of Chapter 151A of the General Laws is
271	271	241hereby amended by striking out the subsection in its entirety and replacing it with the following
272	272	242subsection : “Domestic violence,” abuse, as defined in Section 1 of Chapter 209A, from an adult
273	273	243or minor family or household member, as defined in Section 1 of Chapter 209A. 13 of 13
274	274	244 For the purposes of this chapter, an individual may demonstrate the existence of domestic
275	275	245violence by providing to the employer any one of the documents listed in Section 52E of Chapter
276	276	246149. All documentation or evidence of domestic violence provided to the department, including
277	277	247the individual's statement and corroborating evidence, shall not be disclosed by the department
278	278	248unless consent for disclosure is given by the individual.