Massachusetts S 1171: An Act to require policies and training to prevent unlawful harassment, including sexual harassment

Bill Text

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SENATE DOCKET, NO. 995 FILED ON: 2/9/2021
SENATE . . . . . . . . . . . . . . No. 1171

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
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 to require policies and training to prevent unlawful harassment, including sexual
harassment.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Cynthia Stone Creem First Middlesex and Norfolk
Harriette L. Chandler First Worcester 2/24/2021
Joanne M. Comerford Hampshire, Franklin and Worcester 3/18/2021
Jason M. Lewis Fifth Middlesex 3/18/2021
Patricia D. Jehlen Second Middlesex 3/19/2021
Mathew J. Muratore 1st Plymouth 5/5/2021
Adam G. Hinds Berkshire, Hampshire, Franklin and
Hampden
5/17/2021
Rebecca L. Rausch Norfolk, Bristol and Middlesex 6/14/2021

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SENATE DOCKET, NO. 995 FILED ON: 2/9/2021
SENATE . . . . . . . . . . . . . . No. 1171
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1171) of Cynthia Stone Creem,
Harriette L. Chandler, Joanne M. Comerford, Jason M. Lewis and others for legislation to
require policies and training to prevent unlawful harassment, including sexual harassment.
Labor and Workforce Development.

The Commonwealth of Massachusetts

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

An Act to require policies and training to prevent unlawful harassment, including sexual
harassment.

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

1 Chapter 151B, Section 3A of the General Laws, as appearing in the 2016 Official
2 Edition, is hereby amended by substituting the following section:
3 Section 3A: Employers' policies against harassment; preparation of model policy;
4 education and training programs
5 (a) All employers, employment agencies and labor organizations shall promote a
6 workplace free of all forms of unlawful harassment including sexual harassment.
7 (b) Every employer shall:
8 (1) adopt a policy against unlawful harassment including sexual harassment which shall
9 include:

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10 (i) a statement that all forms of unlawful harassment including sexual harassment in the
11 workplace is unlawful and will not be tolerated, that explains that it is unlawful for a person to be
12 subject to harassment because of the person’s sex or any other characteristic protected by section
13 4 of this chapter;
14 (ii) a statement that it is unlawful to retaliate against an employee for filing a complaint
15 of unlawful harassment, including sexual harassment, or for cooperating in an investigation of a
16 complaint for harassment;
17 (iii) a description and examples of unlawful harassment, including sexual harassment;
18 (iv) a statement of the range of consequences for employees who are found to have
19 committed unlawful harassment or sexual harassment;
20 (v) a description of the process for filing internal complaints about harassment and the
21 work addresses and telephone numbers of the person or persons to whom complaints should be
22 made; and
23 (vi) the identity of the appropriate state and federal employment discrimination
24 enforcement agencies, and directions as to how to contact such agencies.
25 (2) provide annually to all employees an individual written copy of the employer's policy
26 against unlawful harassment; provided, however, that a new employee shall be provided such a
27 copy at the time of hire.
28 (c) The commission shall prepare and provide to employers subject to this section a
29 model policy and poster consistent with federal and state statutes and regulations, which may be
30 used by employers for the purposes of this section.

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31 (d) An employer's failure to provide the information required to be provided by this
32 section shall not, in and of itself, result in the liability of said employer to any current or former
33 employee or applicant in any action alleging unlawful harassment. An employer's compliance
34 with the notice requirements of this section shall not, in and of itself, protect the employer from
35 liability for unlawful harassment of any current or former employee or applicant.
36 (e) Employers and labor organizations are required to provide employees with training to
37 prevent unlawful harassment including sexual harassment within six months after the employee
38 is hired, and on an annual basis thereafter. An employer that does not use the model training
39 developed by the Massachusetts commission against discrimination must ensure that the training
40 that they use meets or exceeds the following minimum standards.
41 The training must:(1) be focused on compliance with the legal requirements of
42 employment non-discrimination law and on preventing unlawful haras