94-348 C.M.R. ch. 3, § 8 - FRINGE BENEFITS

1. "Fringe benefits" as used herein includes medical, hospital, accident, disability, life insurance and retirement benefits; profit-sharing and bonus plans; leave; "overtime/compensatory time" benefits; and other terms, conditions; and privileges of employment.

2. It is unlawful employment discrimination for an employer, employment agency, or labor organization to discriminate because of protected class with regard to fringe benefits.

3. Discrimination because of sex and sexual orientation or gender identity with regard to fringe benefits

A. Where an employer conditions benefits available to employees and their spouses and families on whether the employee is the "head of the household" or "principal wage earner" in the family unit, due to the fact that such conditioning discriminatorily affects the rights of female, transgender, and gender-diverse employees, and that "head of household" or "principal wage earner" status bears no relationship to job performance, benefits which are so conditioned will be found to be prima facie evidence of unlawful employment discrimination on the basis of sex and/or sexual orientation or gender identity.

B. It shall be unlawful employment discrimination for an employer to make available benefits for the spouses and families of male employees where the same benefits are not made available for the spouses and families of female, transgender, and gender-diverse employees or to make available benefits for the spouses of male employees which are not made available for female, transgender, or gender-diverse employees; or to make available benefits to the spouses of female, transgender, and gender-diverse employees which are not made available for male employees. An example of such an unlawful employment practice is a situation in which spouses of male employees receive childbirth-related benefits while female, transgender, and gender-diverse employees receive no such benefits.

C. It shall not be a defense under the Act to a charge of sex and/or sexual orientation or gender identity discrimination in benefits that the cost of such benefits is greater with respect to one sex than an other.

D. It shall be unlawful employment discrimination for an employer to have a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex and/or sexual orientation or gender identity, or which differentiates in benefits on the basis of sex and/or sexual orientation or gender identity.

E. The Act does not require any employer to grant paid or unpaid child care leaves of absence. Any employer providing such leaves, however, must do so without regard to the sex and/or sexual orientation or gender identity of the person applying for such leave and may not discriminate on the basis of familial status.

Notes

94-348 C.M.R. ch. 3, § 8