A bill filed in the Massachusetts Senate would require employers, employment agencies and labor organizations to adopt written anti-harassment policies and give employees interactive training aimed at preventing unlawful harassment, including sexual harassment.

Filed Jan. 15, 2025, as Senate Docket No. 1144 and Senate Bill No. 1295, the measure was presented by Sen. Brendan P. Crighton (Third Essex) with Sen. Jason M. Lewis (Fifth Middlesex) listed as a petitioner. The bill proposes to amend Chapter 151B of the Massachusetts General Laws by replacing Section 3A with new, more detailed notice, training and recordkeeping requirements.

Under the bill's provisions, every employer would be required to adopt a policy that: states that all forms of unlawful harassment are prohibited; explains that retaliation for filing or cooperating in harassment complaints is unlawful; provides examples and consequences for unlawful harassment; describes internal complaint procedures and contact information; and identifies the appropriate state and federal discrimination-enforcement agencies and how to contact them. Employers must provide a written copy of the policy to all employees by Jan. 1, 2027, to new hires at the time of hire and to employees who change positions at the time of the change.

The measure directs the Massachusetts Commission Against Discrimination (MCAD) to prepare and make available a model policy and poster that employers may use. The text states that failure to provide the required information "shall not, in and of itself, result in the liability" of an employer in a harassment lawsuit, and that compliance with the notice and training requirements likewise would not, by itself, shield an employer from liability for unlawful harassment.

On training, the bill requires employers and labor organizations to provide training to prevent unlawful harassment within six months of hire or promotion and to provide annual training thereafter. Annual training must begin Jan. 1, 2027. Minimum standards for training include a focus on legal compliance; an interactive component (in-person, online or remote) that allows timely answers to employee questions (with online programs required to permit anonymous questions and trainer responses within two business days); a minimum of one hour each year; examples of unlawful harassment and retaliation (tailored to workplaces with 100 or more employees); information on internal and external remedies; bystander-intervention content; and supervisor/manager responsibilities.

For online trainings the bill requires employers to demonstrate active participation (for example, by showing time spent watching videos or answering questions), to permit anonymous questions with trainer responses within two business days, and to maintain records of employee questions and trainer responses for five years while preserving employee anonymity. Employers must keep records of employee completion of required trainings for at least five years and make those records available to the Attorney General or MCAD on request.

The bill also grants the attorney general authority to promulgate rules, regulations or guidelines necessary to effectuate the statute's purposes. The filing document does not record any Senate committee referral, hearing, or vote; it is a petition and bill text as filed with the Senate docket and would require committee action and votes before becoming law.

If enacted as written, the bill would apply statewide to Massachusetts employers, employment agencies and labor organizations and impose new compliance and recordkeeping obligations; enforcement mechanisms, penalties and any funding for implementation are left to existing enforcement channels and possible future regulation by the attorney general.