Bill > H5023

This bill amends Massachusetts General Laws Chapter 151B to require employers with more than twenty-five employees to implement policies and training programs to prevent unlawful harassment, including sexual harassment, in the workplace. Specifically, employers must adopt a written policy that defines unlawful harassment, prohibits retaliation, outlines consequences for violations, details the internal complaint process, and provides contact information for state and federal enforcement agencies. This policy must be distributed to all employees by January 1, 2027, with new hires receiving it at the time of hire and existing employees changing positions receiving it at that time. The Massachusetts Commission Against Discrimination (MCAD) will provide a model policy and poster for employers to use. Furthermore, employers must provide employees with training on preventing unlawful harassment within six months of hire or promotion, and annually thereafter, starting January 1, 2027. This training must be at least one hour long, include an interactive component, explain harassment and retaliation with examples tailored to the workplace for larger companies, cover available remedies, and include bystander intervention and supervisory responsibilities. Online training must allow for anonymous questions and timely responses. Employers must maintain records of employee training completion for at least five years and make them available to the Attorney General or MCAD upon request. The bill clarifies that an employer's failure to provide this information does not automatically create liability, nor does compliance with these requirements automatically shield an employer from liability for harassment.