Skip to content

Massachusetts

  • by

Mass. Gen. Laws Ann. ch. 151B, § 3A(e)

EMPLOYERS: as of 2019

Employers are encouraged but not required to conduct training to:

All new employees within one year of beginning employment. Additional training for new supervisory or managerial employees within one year of beginning employment.

MA HARASSMENT TRAINING REQUIREMENTS

The training for new employees should include the information required in an employer’s anti-harassment policy, which is:

• 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 committing sexual harassment.

• A description of the process for filing internal complaints about sexual harassment and the contact information of the individuals to which complaints should be made.

• The identity of the appropriate state and federal employment discrimination enforcement agencies and directions for contacting these agencies.

• The training for new supervisory and managerial employees should include:

• The information required for nonsupervisory employee training.

• The specific responsibilities of supervisory and managerial employees.

• The actions that supervisory and managerial employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

ADDITIONAL MA EMPLOYER HARASSMENT REQUIREMENTS

All employers, employment agencies and labor organizations shall promote a workplace free of sexual harassment. Update Handbooks with newly adopted Company Policies and Informing Current and New Staff.

Every employer shall:

(1) adopt a policy against sexual harassment which shall include:

(i) a statement that sexual harassment in the workplace is unlawful;

(ii) 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;

(iii) a description and examples of sexual harassment;

(iv) a statement of the range of consequences for employees who are found to have committed sexual harassment;

(v) 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

(vi) the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.

(2) provide annually to all employees an individual written copy of the employer’s policy against sexual harassment; provided, however, that a new employee shall be provided such a copy at the time of his employment.

(c) The commission shall prepare and provide to employers subject to this section a model policy and poster consistent with federal and state statutes and regulations, which may be used by employers for the purposes of this section.

(d) An employer’s failure to provide the information required to be provided by this section shall not, in and of itself, result in the liability of said employer to any current or former employee or applicant in any action alleging sexual harassment. An employer’s compliance with the notice requirements of this section shall not, in and of itself, protect the employer from liability for sexual harassment of any current or former employee or applicant.

Download Massachsetts Harassment Requirements