MassachusettsHarassment Training Requirements

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.

Topics
Regulations
Who needs to be trained?
All Employees and Managers
Time requirements
None

Frequency
Recommended annually
Interactivity / Ability to ask questions and get trainer's answers Where the employee learner can ask questions about the concepts in a safe, anonymous way and get answers and guidance from subject matter experts.
Group 4 Copy 3
Definition of protected characteristics A description of the personal characteristics that are protected by law in each state.
Path 2
Types of sexual harassment (quid pro quo and hostile work environment) A description of the actions or situations that would create either quid pro quo harassment (this for that) or hostile work environment harassment.
Path 2
Parties to harassment A lesson about different people who can be involved in harassment, such as co-workers, clients, interns, a person of any gender.
Path 2
Remedies available A lesson about what a person can recover in a lawsuit for harassment, such as money for economic harm, emotional harm, etc.
Path 2
Strategies to prevent harassment A description about the different personal and organizational behaviors to promote respect and minimize harassment.
Path 2
Practical examples from case law, news, and media Real stories to illustrate the concepts.
Path 2
Limited confidentiality of the complaint process A lesson about the logistics of filing a harassment complaint and how there is no legal right to confidentiality.
Path 2
Resources for victims and complainants A description of the employer's resources that are designed to help people complaining of harassment.
Path 2
Duty to investigate A lesson on the legal duty of the employer to investigate all claims of harassment and the minimum requirements of the investigation.
Path 2
What to do if supervisor is personally accused A lesson on how a supervisor or manager should respond if accused by a subordinate employee of harassment.
Path 2
Personal liability of harasser / Criminal liability Information about if and when an employee can be sued personally for harassment (as opposed to just named in the lawsuit) and if an accused faces criminal liability.
Path 2
Supervisor's obligation to report harassment A lesson for supervisors to teach them to promptly report any claims of harassment, even if it doesn't appear like a formal complaint.
Path 2
Elements of the employer's harassment policy A lesson outlining and covering all the components of the employer's harassment policy and complaint procedure.
Path 2
Review of the elements of abusive conduct Information about when conduct is considered abusive and, whether abusive conduct is illegal in that region. For example, abusive conduct is not illegal in any state in the United States but it is illegal in different provinces in Canada.
Group 4 Copy 3
Bystander intervention A lesson on how people who witness harassing or disrespectful conduct can and should intervene to protect the employee and stop the conduct.
Group 4 Copy 3
Retaliation A lesson on when actions meet the criteria of retaliation and an explanation that retaliation is illegal.
Path 2

Protected Characteristics in Massachusetts

  • Race
  • Color
  • Religious Creed
  • National Origin
  • Sex
  • Gender Identity
  • Sexual Orientation
  • Genetic Information
  • Pregnancy or pregnancy condition
  • Ancestry
  • Veteran Status
  • Age (over 40)
  • Disability
  • Military Service

Source: MCAD Guidelines on Harassment in the Workplace
Page 13 Section III Protected Class Harassment in the Workplace, Paragraph 2

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Relevant Compliance Laws

Frequently Asked Questions

Is workplace harassment training required in Massachusetts? +

Currently, Massachusetts law encourages employers to provide workplace harassment training but does not require it for most private employers. Employers with six or more employees are required to adopt and distribute a written sexual harassment policy. However, pending legislation (H.5023) would require covered employers to provide annual interactive harassment training if enacted.

Which Massachusetts employers must have a sexual harassment policy? +

Employers with six or more employees must maintain a written policy against sexual harassment. The policy must explain prohibited conduct, retaliation protections, reporting procedures, disciplinary consequences, and provide information about filing complaints with state and federal agencies.

Does Massachusetts require annual harassment training? +

No. Current Massachusetts law does not require annual harassment training. The Massachusetts Commission Against Discrimination (MCAD) strongly recommends regular training as a best practice. Proposed legislation would require annual one-hour training beginning January 1, 2027, if enacted.

What topics should Massachusetts harassment training cover? +

Although not required by current statute, MCAD recommends training that explains unlawful harassment, retaliation, reporting procedures, complaint investigations, supervisor responsibilities, bystander intervention, and respectful workplace behavior. Employers often include these topics to reduce legal risk and promote a positive workplace culture.

What changes would Massachusetts House Bill H.5023 make? +

If enacted, H.5023 would require many Massachusetts employers to provide annual interactive harassment training, deliver training within six months of hire or promotion, maintain training records for five years, distribute written harassment policies, and include bystander intervention and supervisor responsibilities in training. As of today, these requirements are proposed and have not become law.

How is H.5023 different from H.2190? +

H.2190 was the original bill introducing mandatory harassment training requirements. H.5023 is the committee’s updated version. The most significant difference is that H.5023 would exempt employers with 25 or fewer employees from many of the proposed policy and training requirements, while H.2190 did not include this exemption.

Are managers required to receive additional harassment training in Massachusetts? +

Current law encourages employers to provide additional education for supervisors and managers because they have greater responsibility for preventing, identifying, and responding to workplace harassment. Under the proposed legislation, supervisor responsibilities would become a required component of annual training for covered employers.

Does Massachusetts require interactive online harassment training? +

No. Current Massachusetts law does not mandate interactive online training. However, the pending legislation would require online courses to include interactive participation, allow employees to ask anonymous questions, and require qualified trainers to respond within two business days.

What are the best practices for employers in Massachusetts today? +

Even though annual harassment training is not currently required by law, employers should consider implementing regular interactive training, updating harassment policies annually, training supervisors on their legal responsibilities, documenting employee participation, and fostering a workplace culture where employees feel comfortable reporting concerns. Following MCAD guidance helps organizations reduce legal risk while preparing for potential future legislative changes.

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