Bill Sponsors
O'Brien, Dawson, Caldwell, McEntee, Corvese, Slater, Diaz, Bennett, Kennedy, and Azzinaro
Committee
House Labor
Summary
Select
This bill makes it illegal for employers to discriminate against job applicants or current employees because they have family caregiving responsibilities. Employers cannot refuse to hire someone or treat an employee poorly because they care for a family member. Additionally, employers must allow caregivers to have flexible schedules, work remotely, or adjust their hours for caregiving needs, unless doing so would cause a significant hardship for the business. Small businesses with fewer than 25 employees have certain defenses if these rules cause them undue hardship. The Commission for Human Rights will enforce these rules.
Sponsor
Analysis
Pros for Progressives
- Protects workers from employment discrimination based on family caregiving duties, strengthening worker rights and promoting social equity in the workplace.
- Mandates flexible scheduling and remote work options for caregivers, helping disadvantaged individuals balance work and family needs without sacrificing their livelihood.
- Empowers the Commission for Human Rights to enforce these protections and award back pay and lost benefits, providing a strong mechanism to hold discriminatory employers accountable.
Cons for Progressives
- Includes an "undue hardship" exemption that employers could potentially exploit to deny vulnerable workers flexible scheduling or remote work requests.
- Provides a broad affirmative defense for small businesses (under 25 employees), leaving many workers in smaller companies without guaranteed caregiver protections.
- Relies on an individual complaint-driven enforcement model through the Commission for Human Rights, which can be a slow, intimidating, and burdensome process for disadvantaged workers.
Pros for Conservatives
- Includes an "undue hardship" exemption, protecting businesses from facing significant difficulty or expense when accommodating employee scheduling requests.
- Provides a specific affirmative defense for small businesses with fewer than 25 employees, shielding them from potentially burdensome compliance mandates and legal costs.
- Supports traditional family values by making it easier for individuals to care for their family members at home rather than relying on state-funded care facilities or government assistance.
Cons for Conservatives
- Imposes new government mandates on private businesses regarding hiring practices and employee scheduling, restricting corporate freedom and independence.
- Grants the Commission for Human Rights authority to investigate businesses and mandate remedies like back pay and attorneys' fees, increasing legal risks and regulatory burdens for employers.
- Forces employers to accommodate remote work or adjusted hours, which could disrupt business operations, reduce productivity, and increase administrative costs.
Constitutional Concerns
None Likely. The bill regulates employment practices and anti-discrimination standards, which falls well within the state's traditional police powers to regulate commerce and protect workers. It provides an affirmative defense for small businesses and an undue hardship exemption, satisfying general due process requirements by not placing impossible burdens on employers.
Impact Overview
Groups Affected
- Family caregivers
- Employers
- Job applicants
- Small business owners
- Commission for Human Rights
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 05/22/2026 Introduced, referred to House Labor
Bill Text
SECTION 1. Chapter 40-8.11 of the General Laws entitled "Family Caregivers Support Act of 2013" is hereby amended by adding thereto the following section:
40-8.11-4. Family caregiver workplace protection.
(a) It shall be unlawful and a violation of fair employment practices pursuant to the provisions of chapter 5 of title 28 for an employer:
(1) To fail or refuse to hire an applicant as an employee of such employer solely because of the family caregiver responsibilities of the applicant;
(2) To take adverse action against an employee of such employer or otherwise discriminate against an employee, with respect to compensation, terms, conditions or privileges of employment because of the family caregiver responsibilities of the employee; or
(3) To deny a request by the family caregiver for flexible scheduling, remote work or adjusted hours to accommodate family caregiving therapy, medical appointments or other caregiving needs unless the said request causes undue hardship for the employer including, but not limited to, significant difficulty or expense to the employer's operation or business.
(b) It shall be an affirmative defense to an alleged violation of subsection (a) of this section for a small employer of less than twenty-five (25) employees, if:
(1) Compliance would cause undue hardship to the employer and the employer has made a good faith effort to comply with the provisions of subsection (a) of this section that could be implemented without causing undue hardship; or
(2) The employer has adopted a reasonable phased plan for compliance and the alleged violation and conduct concerns a portion of the plan which had not been implemented at the time of the alleged violation.
(c) The commission for human rights shall promulgate rules and regulations to implement and enforce the provisions of this section pursuant to § 28-5-13.
(d) The commission for human rights, pursuant to the provisions of chapter 5 of title 28, shall conduct investigations and hearings of alleged violations and upon a finding of a violation may order remedies to include reinstatement, back pay, compensation for lost benefits and attorneys' fees.
SECTION 2. This act shall take effect upon passage.
40-8.11-4. Family caregiver workplace protection.
(a) It shall be unlawful and a violation of fair employment practices pursuant to the provisions of chapter 5 of title 28 for an employer:
(1) To fail or refuse to hire an applicant as an employee of such employer solely because of the family caregiver responsibilities of the applicant;
(2) To take adverse action against an employee of such employer or otherwise discriminate against an employee, with respect to compensation, terms, conditions or privileges of employment because of the family caregiver responsibilities of the employee; or
(3) To deny a request by the family caregiver for flexible scheduling, remote work or adjusted hours to accommodate family caregiving therapy, medical appointments or other caregiving needs unless the said request causes undue hardship for the employer including, but not limited to, significant difficulty or expense to the employer's operation or business.
(b) It shall be an affirmative defense to an alleged violation of subsection (a) of this section for a small employer of less than twenty-five (25) employees, if:
(1) Compliance would cause undue hardship to the employer and the employer has made a good faith effort to comply with the provisions of subsection (a) of this section that could be implemented without causing undue hardship; or
(2) The employer has adopted a reasonable phased plan for compliance and the alleged violation and conduct concerns a portion of the plan which had not been implemented at the time of the alleged violation.
(c) The commission for human rights shall promulgate rules and regulations to implement and enforce the provisions of this section pursuant to § 28-5-13.
(d) The commission for human rights, pursuant to the provisions of chapter 5 of title 28, shall conduct investigations and hearings of alleged violations and upon a finding of a violation may order remedies to include reinstatement, back pay, compensation for lost benefits and attorneys' fees.
SECTION 2. This act shall take effect upon passage.