Massachusetts SD 1539: An Act promoting equality and respect in the legislature

Bill Text

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SENATE DOCKET, NO. 1539 FILED ON: 2/17/2021
SENATE . . . . . . . . . . . . . . No. 2102

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Rebecca L. Rausch
_________________
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 promoting equality and respect in the legislature.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Rebecca L. Rausch Norfolk, Bristol and Middlesex
Tami L. Gouveia 14th Middlesex 2/26/2021
James B. Eldridge Middlesex and Worcester 3/1/2021
Patricia D. Jehlen Second Middlesex 3/1/2021
Michael O. Moore Second Worcester 3/2/2021
Eric P. Lesser First Hampden and Hampshire 3/16/2021
Danillo A. Sena 37th Middlesex 3/19/2021
Mike Connolly 26th Middlesex 8/5/2021

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SENATE DOCKET, NO. 1539 FILED ON: 2/17/2021
SENATE . . . . . . . . . . . . . . No. 2102
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2102) of Rebecca L. Rausch, Tami
L. Gouveia, James B. Eldridge, Patricia D. Jehlen and other members of the General Court for
legislation to promote equality and respect in the legislature. State Administration and
Regulatory Oversight.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1898 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________

An Act promoting equality and respect in the legislature.

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

1 SECTION 1. The General Laws are hereby amended by inserting after chapter 23M the
2 following chapter:-
3 CHAPTER 23N. COMMISSION ON WORKPLACE HARASSMENT AND SEXUAL
4 ASSAULT IN THE LEGISLATURE.
5 Section 1. As used in this chapter, the following words shall have the following meanings
6 unless the context clearly requires otherwise:
7 “Claim”, a written statement submitted to the commission by a reporting individual
8 alleging workplace harassment.

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9 “Commission”, the commission on workplace harassment and sexual assault in the
10 legislature.
11 “Complaint”, a written statement submitted to the commission by a complainant alleging
12 workplace harassment.
13 “Complainant”, any state house personnel who files a claim with the commission stating
14 that the person experienced, observed, or has reasonable reason to know of workplace
15 harassment by a state house personnel or another person the complainant reasonably believes
16 could affect the job security or career opportunities of the complainant.
17 “Investigative report”, a report compiled by the general counsel, duly appointed pursuant
18 to Section 4 of this chapter, at the end of an investigation.
19 “Identity-based harassment”, verbal or physical conduct designed to humiliate, threaten,
20 intimidate, coerce, demean, or disparage an individual targeted because of the individual’s race,
21 color, religion, national origin, sex, gender expression, gender identity, sexual orientation,
22 disability, age, genetic information, ancestry, or other aspect of a person’s identity, which
23 conduct negatively interferes with an individual’s work performance or creates an intimidating,
24 hostile, offensive, or otherwise untenable workplace environment.
25 “Reporting individual”, a person who has experienced or witnessed incidents of
26 workplace harassment and has reported those incidents to the commission.
27 “Respondent”, an individual accused of workplace harassment by a reporting individual
28 or complainant.

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29 “Retaliatory action”, the discharge, suspension, demotion or other adverse employment
30 action taken against an individual, reporting individual, or complainant that provides information
31 to the commission.
32 “Sexual harassment”, unwelcome sexual advances, requests for sexual favors, or verbal
33 or physical conduct of a sexual nature when (a) submission to or rejection of such advances,
34 requests, or conduct is made either explicitly or implicitly a term or condition of employment or
35 as a basis for an employment decision, or (b) such advances, requests, or conduct have the
36 purpose or effect of unreasonably interfering with an individual’s work performance or creating
37 an intimidating, hostile, humiliating or sexually offensive work environment.
38 “Sexual assault”, any nonconsensual sexual act involving physical touching.
39 “State house personnel”, any person whose essential job functions are substantially
40 related to the operation of the general court. State house personnel shall include, but shall not be
41 limited to, members of the Senate and House of Representatives, employees of the legislature,
42 legislative interns, and employees of the executive branch whose principal place of business is
43 the state house.
44 “Workplace harassment”, an i