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