It is illegal for an employer to discriminate against an employee based upon her pregnancy. Both Massachusetts and Federal Law prohibit this type of discrimination.Pregnancy Discrimination is usually tied in with Gender Discrimination for its obvious sex-linked characteristics. Under Massachusetts Law, “A female employee who has completed the initial probationary period … or … has been employed by the same employer for at least three consecutive months as a full-time employee, who is absent from such employment for a period not exceeding eight (8) weeks … shall be restored to her previous, or a similar position with the same status, pay, length of service credit and seniority ….” G.L. c. 149 § 105D.


This is in relation to giving birth, adopting a child under the age of eighteen (18), or adopting a mentally or physically disabled child under the age of twenty-three. It should be noted that an employer is not required to pay the employee during this period of time.

An individual should not suffer discrimination because she has chosen to build a family. There are a number of damages that an employee can seek from an employer for committing pregnancy discrimination; however, due to the statute of limitations, time is of the essence.

If you have been subjected to Pregnancy Discrimination, make sure you get the representation you deserve by contacting The Law Office of Barry J. Bisson today.