Sexual Harassment Policies for Employers in Massachusetts

Under Massachusetts law, all employers with six or more employees must adopt a written policy against sexual harassment. The policy must notify employees that sexual harassment in the workplace is unlawful and that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment. The policy should also state a commitment by the employer to investigate any complaint of sexual harassment.

Among other things, a good sexual harassment policy should include:

• A description and examples of sexual harassment;
• 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 of sexual harassment;
• A statement of the potential consequences for employees who are found to have committed sexual harassment; and
• A description of the process for filing internal complaints about sexual harassment and the name of the person to whom complaints should be made.

If you believe that you are being sexually abused in the workplace, it is important for you to review your employer’s sexual harassment policy. Most importantly, the policy should provide you with the identity of someone in the company who has been designated to receive any complaints. However, regardless of the policy, you have the right to bring a complaint to someone with whom you feel comfortable or, if there is no such person, you may proceed directly by filing a complaint with the Massachusetts Commission Against Discrimination (MCAD).