(Last Updated On: April 22, 2025)
Employers in Massachusetts have responsibilities when it comes to preventing and addressing sexual harassment in the workplace. Sexual harassment is an unlawful form of sex discrimination under both federal and state law. It is prohibited under federal law through Title VII of the Civil Rights Act of 1964, and under Chapter 151B of the Massachusetts General Laws. Both federal and state law prohibit two recognized forms of sexual harassment: quid pro quo harassment, and hostile work environment harassment.
Boston and Natick employers can quite obviously be liable for either form of sexual harassment when they perpetrate this kind of harassment or any form of retaliation against an employee who exercises their rights under Title VII or Chapter 151B. At the same time, employers can also be liable for sexual harassment if they do not understand their responsibilities and take appropriate action to prevent and address sexual harassment in the workplace. What responsibilities do employers have concerning sexual harassment? Our Boston and Natick employment discrimination attorneys can explain in detail.
Massachusetts Employers Must Have a Written Sexual Harassment Policy
Any employer with six or more employees in Boston or Natick, as well as throughout the state of Massachusetts, must have a written policy prohibiting sexual harassment. Under Massachusetts law, the policy should contain certain information, including the following:
- Notice to all employees that sexual harassment is unlawful in the workplace;
- Notice to all employees that retaliating against an employee for reporting sexual harassment or filing a sexual harassment claim is unlawful; and
- Employer’s promise to investigate claims of sexual harassment.
The Massachusetts Commission Against Discrimination (MCAD) provides employers with a model sexual harassment policy. The policy includes a detailed legal definition of sexual harassment, confirmation about an employee’s right to file a sexual harassment claim and instructions on how to do so, details of how the employer will promptly investigate a claim of sexual harassment, information about appropriate disciplinary action, and information about state and federal remedies for sexual harassment. Massachusetts employers should also ensure that employees receive appropriate training concerning sexual harassment.
Employer Liability for Sexual Harassment in the Workplace
Employers must ensure that certain employees in Massachusetts are offered sexual harassment training. This type of training must be offered to any employee in a managerial or supervisory capacity, and Massachusetts employers must keep records of when managerial or supervisory employees completed sexual harassment training. Managers and supervisors must also report any complaints of sexual harassment they receive, as well as any incidents of sexual harassment they witness in the workplace. Under Chapter 151B — under Massachusetts state law — employers are held strictly liable for any acts of sexual harassment committed by employees who are in a managerial or supervisory capacity. Strict liability means that the employer is liable without the affected employee having to prove the employer’s negligence—the employer is liable regardless of whether there was intent or negligence.
Employees who are not in a managerial or supervisory capacity should also ideally be offered sexual harassment training. Employers can be liable when employees who are not in a managerial or supervisory capacity, or even non-employees, commit acts of sexual harassment that create a hostile work environment in various circumstances. If an employer does not have a sexual harassment policy in place and does not provide proper notice about employee rights, the employer can be liable. Likewise, if an employer fails to investigate a sexual harassment complaint or fails to take corrective or remedial action, it may be liable.
Disciplinary Action Against Employees Who Commit Sexual Harassment
When an employer conducts a sexual harassment investigation and determines that an employee has committed sexual harassment, the employer should take appropriate disciplinary action.
Depending on the employer’s sexual harassment policy and the specific facts of the case, disciplinary action may take multiple forms. For example, an employer may require an employee who is found to have committed sexual harassment to undergo counseling while remaining employed, or the employee may be terminated on the basis of their actions. The employer should determine the most appropriate disciplinary actions based on their policy and the circumstances of the harassment.
Contact an Employment Law Attorney Serving Clients in Boston and Natick
Any employer in Massachusetts who has questions about drafting a sexual harassment policy or remaining in compliance with state and federal sexual harassment laws should seek legal advice as soon as possible. Our experienced Boston employment law attorneys represent employers in various types of cases involving sexual harassment, from taking preventive measures to handling sexual harassment complaints from employees. Contact Rodman Employment Law today to find out more about how we can assist you.
