['Sexual Harassment']
['Sexual Harassment']
06/11/2024
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Summary of differences between federal and state regulations
Employer defined
The state law covers employers of six or more employees.
“Employer” does not include a club exclusively social, or a fraternal association or corporation, if not organized for private profit, nor does it include any employer with fewer than six persons in his employ, but does include the commonwealth and all political subdivisions, boards, departments and commissions.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under Title VII of the Civil Rights Act and the federal Guidelines on Discrimination Because of Sex. A complaint must be filed with the state within 300 days from the date of the occurrence.
Every employer must adopt a policy against sexual harassment which includes:
- a statement that sexual harassment in the workplace is unlawful;
- a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;
- a description and examples of sexual harassment;
- a statement of the range of consequences for employees who are found to have committed sexual harassment;
- a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and
- the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.
Every employer must provide annually to all employees an individual written copy of the employer’s policy against sexual harassment. A new employee must be provided a copy at the time of employment.
The Commission Against Discrimination will provide to employers a model policy and poster consistent with federal and state statutes and regulations.
An employer’s failure to provide the information required will not, in and of itself, result in the liability of that employer to any current or former employee or applicant in any action alleging sexual harassment. An employer’s compliance with the notice requirements will not, in and of itself, protect the employer from liability for sexual harassment.
Employers and labor organizations are encouraged to conduct an education and training program for new employees and members within one year of commencement of employment or membership which includes at a minimum the information in the law. Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year of commencement of employment or membership, which must include at a minimum the information in the law, the specific responsibilities of supervisory and managerial employees, and the methods they should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers, labor organizations, and appropriate state agencies are encouraged to cooperate in making such training available.
Posting
Every employer or covered entity must post in a conspicuous place or places on his premises a notice prepared or approved by the Commission, which sets forth excerpts the law and other relevant information necessary to explain the law.
State
Contact
Massachusetts Commission Against Discrimination
Regulations
Mass. General Laws Chapter 151B, Section 3A Employers’ policies against sexual harassment; preparation of model policy; education and training programs
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/Section3a
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.