Current Law:
Massachusetts law currently requires employers with six or more employees to adopt a written policy against sexual harassment and to distribute that policy to employees annually and at hire for new employees. The policy must state that sexual harassment is unlawful, prohibit retaliation, describe and provide examples of sexual harassment, explain consequences for misconduct, describe the internal complaint process, and identify the appropriate state and federal enforcement agencies. Massachusetts c.151B Section 3A law currently encourages employers to provide harassment training, including additional training for supervisors and managers, but it does not presently mandate training frequency, duration, or interactivity
Pending Legislation:
Pending bills H.2190 and H.5023 would substantially expand Massachusetts harassment requirements if enacted. The bills would mandate annual employee training, impose timing and content rules for online and live training, require five-year record retention, and broaden the statute from sexual-harassment policy requirements to unlawful-harassment requirements more generally. H.5023, the committee draft now before House Ways and Means, would exempt employers with 25 or fewer employees from the main policy and training subsections, while H.2190 did not contain that exemption. Because these bills have not been enacted, they should be described as proposed changes rather than current legal requirements.

