Massachusetts law provides employees with a statutory right to sit when their job duties permit it and requires employers to provide suitable seating. This law applies to all employees, regardless of gender.
Key Provisions of Massachusetts “Right to Sit” Law
According to Massachusetts General Laws Chapter 149, Section 103, employers in Massachusetts are required to provide suitable seats for all employees. Employees are permitted to use these seats when they are not actively performing duties that require standing. Employees may use seats while working, unless the job cannot be done properly while sitting or if sitting would create a safety hazard.
Enforcement and Accommodations
Employers who do not comply with this law can face fines ranging from $50 to $200. The Massachusetts right-to-sit law is one of the few gender-neutral laws of its kind in the U.S. and has received renewed attention due to recent lawsuits in other states.
Beyond the general right to sit, workers with qualifying disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) and Massachusetts Fair Employment Practices law, which may include providing seating or allowing more breaks. The Massachusetts Pregnant Workers Fairness Act also specifically recognizes “acquisition or modification of equipment or seating” as a potential reasonable accommodation for pregnant workers.
If you believe your rights have been violated, contact the Law Offices of Renee Lazar for a FREE evaluation at 978-844-4095 to discuss your concerns.