HOUSE DOCKET, NO. 1882        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1682

The Commonwealth of Massachusetts

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PRESENTED BY:

Jennifer E. Benson

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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 discrimination in the workplace.

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PETITION OF:

HOUSE DOCKET, NO. 1882        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1682

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to discrimination in the workplace.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1 of chapter 151B of the General Laws is hereby amended by adding the following 8 definitions:-

24. The term “family caregiver” shall mean an individual who provides medical or supervisory care to a family member with a serious health condition.

25. The term “family member” shall mean a person who is related to the family caregiver by: (a) consanguinity; (b) legal custody; (c) marriage; (d)  affinity; or (e) a person with whom a family caregiver lives in a familial relationship.

26. The term “affinity” shall mean for employment purposes the connection which arises by marriage between each person of the married pair and the kindred of the other, including secondary affinity and collateral affinity.

27. The term “serious health condition” shall mean an illness, injury, impairment, or physical or mental condition which requires: inpatient care in hospital, hospice, or residential medical care facility; or continuing supervision by a health care provider.

28. The term “Family Responsibilities Discrimination” shall mean employment discrimination against workers based on their family caregiving responsibilities.

29. The term “employer” shall mean any person engaged in commerce or in any industry or activity affecting commerce who employs 20 or more employees during each of the 20 or more calendar work weeks in the current or preceding calendar year.

30. The term “employee” shall mean an employee who has been employed: (a) for at least 12 months by the employer; and (b) an employee who works at minimum a total of 24 hours per week.

31. The term “employee” does not include any employee employed by an immediate family member.

SECTION 2. Section 3 of chapter 151B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “sex”, in lines 17 and 61, in each instance, the following words:- , family caregiver status.

SECTION 3. Section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word “sex”, in lines 3, 69, 82, and 87 in each instance, the following words:- , family caregiver status.