Last night, the Massachusetts Legislature did not enact the Massachusetts Pregnant Workers Act, which would have required employers to provide concessions to pregnant employees in the form of more bathroom breaks, extra water, temporary transfer to a less strenuous or hazardous position, and modified or light duty unless the employer could establish that it would impose an undue hardship on the employer’s business.

Although the bill did not pass the Legislature by the end of its session on July 31, 2016, it seems likely that the Massachusetts Pregnant Workers Act will eventually be enacted in some form given the similar laws in other states as well as the Pregnant Workers Fairness Act currently pending before Congress.