Sexual Harassment Laws in Massachusetts: Your Rights at Work

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits sex discrimination in employment, which includes sexual harassment. Federal law covers employers with 15 or more employees for 20 consecutive weeks in a calendar year. Sexual harassment is defined as unwelcome conduct of a sexual nature that affects employment terms or creates a hostile, abusive, or offensive work environment. The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII and uses a standard from Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), which requires the conduct to be severe or pervasive enough that a reasonable person would find the work environment hostile or abusive.

Federal law covers two main categories of sexual harassment: (1) quid pro quo harassment, where employment decisions (hiring, promotion, compensation, termination) are conditioned on sexual submission, and (2) hostile work environment harassment, where unwelcome sexual conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive environment. Remedies under Title VII include back pay, front pay, compensatory damages (including emotional distress), punitive damages (if the employer acted with malice or reckless indifference), attorney fees, and equitable relief such as reinstatement or promotion. The EEOC must receive a charge within 180 days of the discrimination (or 300 days in states with deferral agencies like Massachusetts).

Massachusetts General Laws Chapter 151B, Section 4 establishes state-level protections against sexual harassment that are significantly stronger than federal Title VII in several key respects. First, Massachusetts covers employers with just 6 or more employees, compared to the federal threshold of 15 employees. This means thousands of smaller Massachusetts employers are subject to state sexual harassment law even though they fall below the federal coverage threshold.

Second, Massachusetts law is broader in scope. Under M.G.L. c. 151B, § 4, it is unlawful to subject an employee to sexual harassment, defined as unwelcome conduct of a sexual nature or unwelcome physical, verbal, or written conduct based on sex that has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive work environment. The statute explicitly includes quid pro quo harassment (where submission to or rejection of unwelcome sexual conduct is used as the basis for employment decisions) and hostile work environment harassment.

Third, Massachusetts General Laws Chapter 149, Section 24L, enacted in 2018, imposes affirmative employer obligations that exceed federal requirements. Employers must provide sexual harassment training to all employees annually, maintain a written workplace sexual harassment policy, and ensure the policy includes complaint procedures and information about the right to file complaints with the MCAD. The statute defines sexual harassment to include requests for sexual favors, unwelcome sexual advances, unwelcome verbal or written conduct of a sexual nature, unwelcome physical contact of a sexual nature, and any other conduct based on sex that has the purpose or effect of creating a hostile work environment.

Fourth, the remedies available under Massachusetts law mirror or exceed federal remedies, including back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorney fees. The MCAD enforces state law. Additionally, M.G.L. c. 151B, § 5 prohibits retaliation against employees who report sexual harassment, file complaints, or participate in investigations—this protection extends beyond those who experience harassment themselves and protects witnesses and supporters.

Massachusetts sexual harassment law contains limited exceptions. The primary exceptions relate to conduct that does not rise to the level of harassment under the legal standard. Isolated incidents, unless extremely severe, generally do not constitute illegal harassment; the conduct must be severe or pervasive. A single off-color remark or minor unwelcome comment typically does not meet the threshold, though context matters significantly.

Another exception involves conduct that is not based on sex or of a sexual nature. While harassment based on gender, sexual orientation, or other sex-related categories is covered, harassment based on factors unrelated to sex (such as based purely on job performance criticism or general workplace rudeness) falls outside the sexual harassment statute, though it may implicate other discrimination laws.

Employers have a defense if they can demonstrate they took prompt, reasonable corrective action in response to a report of sexual harassment before the employee suffered tangible adverse employment consequences. However, this defense is narrow: the employer must show it investigated promptly, took steps reasonably calculated to prevent further harassment, and disciplined the offender appropriately. Under the Ellerth/Faragher standard (applicable in Massachusetts), an employer may escape vicarious liability for supervisor harassment only if it proves (1) it exercised reasonable care to prevent and correct harassment, and (2) the employee unreasonably failed to take advantage of complaint procedures or other preventive measures. This defense rarely succeeds if an employee promptly reported harassment through proper channels.

Conduct protected by the First Amendment (such as speech in non-work contexts or artistic expression) may fall outside the scope of workplace harassment, though this exception is narrow and does not extend to on-the-job harassment. Additionally, consensual conduct between adults is not harassment, though the burden is on the employer to prove conduct was truly welcomed and consent was clear and ongoing.

Step 1: Document Everything. From the moment you experience or witness sexual harassment, create a detailed record. Write down the date, time, location, what was said or done, who was present, and how it affected you. Save emails, texts, and messages that contain harassment or evidence of it. Keep copies in a personal file, not just on your work computer (which the employer may control). Document the names of witnesses who observed the conduct. Note how you responded—did you object, freeze, leave the area? Record any subsequent conversations about the incident, including when you reported it internally. This documentation is critical because the MCAD and courts rely on contemporaneous records to establish the timeline and nature of harassment.

Step 2: Understand and Use Internal Complaint Procedures. Under Massachusetts law, employers with 6 or more employees must have a written sexual harassment policy that includes a complaint procedure. Review your employee handbook or ask HR for the policy. Most policies require you to report harassment to your direct supervisor, HR, or a designated compliance officer. However, if your harasser is your supervisor, report to HR or the next level of management instead. Submit your complaint in writing (email is acceptable) and request a written acknowledgment of receipt. Include specific dates, conduct, and witnesses. Keep a copy for your records. Internal complaints matter because they: (a) trigger the employer's obligation to investigate promptly, (b) may preserve evidence, (c) establish that the employer had notice, and (d) can support your case if you later file with the MCAD. If the employer fails to investigate or retaliates, that strengthens your legal claim.

Step 3: File a Charge with the Massachusetts Commission Against Discrimination. You must file within 300 days of the most recent act of harassment. The MCAD is located at 1 Ashburton Place, Room 601, Boston, MA 02108. File online at www.mass.gov/mcad or by mail. You can also file in person or by phone at (617) 994-6000. The charge must include: your name and contact information, the employer's name and address, a description of the harassment (dates, conduct, witnesses), the names of the harasser(s), and whether you have filed a federal charge. Filing does not require an attorney, though one can help. The MCAD will assign an investigator. Simultaneously or alternatively, you may file a federal Title VII charge with the EEOC Boston Area Office (JFK Federal Building, 15 New Sudbury Street, Boston, MA 02203; phone 617-565-3200) within 300 days. Filing with one agency may automatically cross-file with the other due to the work-sharing agreement.

Step 4: Participate in the Investigation. After you file, the MCAD will notify the employer and open an investigation, typically within 30 days. The investigator will contact you for a detailed interview and may contact witnesses and the employer. The employer will be asked to respond to your allegations. The investigation typically takes 60 to 180 days, though complex cases can take longer. You may be asked to provide additional documents or clarification. The investigator will review the employer's policies, prior complaints, and disciplinary records. You should continue cooperating and provide any new evidence promptly. Do not discuss the investigation with coworkers beyond what is necessary (the employer may discourage this, but you have legal protection to discuss working conditions). At the end of the investigation, the MCAD will issue a determination: "Probable Cause" (harassment likely occurred) or "No Probable Cause." If the MCAD finds Probable Cause, it will attempt conciliation (settlement). If conciliation fails, the matter may proceed to a formal public hearing before an administrative law judge.

Step 5: Consult an Employment Attorney. You should consult an employment law attorney as soon as possible, ideally before or immediately after filing a charge. An attorney can: review whether your situation qualifies as illegal harassment, advise on internal complaint procedures, help draft a formal complaint, represent you before the MCAD, negotiate settlements, and file a civil lawsuit if necessary. Many employment attorneys work on contingency for harassment cases, meaning you pay no upfront fee and the attorney takes a percentage of any recovery. Massachusetts allows recovery of attorney fees from the employer if you prevail. Find an attorney through the Massachusetts Bar Association (www.masbar.org) or local legal aid organizations. If you cannot afford an attorney, legal aid organizations like Greater Boston Legal Services may provide free assistance.