Workplace Harassment Laws in Massachusetts: Rights & Remedies

Federal law prohibits workplace harassment under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), which covers employers with 15 or more employees. Title VII protects employees from harassment based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA, 42 U.S.C. § 12101 et seq.) prohibits harassment based on disability, and the Age Discrimination in Employment Act (ADEA, 29 U.S.C. § 621 et seq.) covers harassment based on age for employees 40 and older.

Harassment is unlawful when it creates a hostile, abusive, or offensive work environment that interferes with job performance or employment opportunities. This includes quid pro quo harassment (conditioning employment benefits on unwelcome conduct) and hostile work environment harassment. The Equal Employment Opportunity Commission (EEOC) enforces Title VII, ADA harassment claims, and ADEA claims. Remedies under federal law include back pay, compensatory damages, punitive damages (in intentional discrimination cases under the Civil Rights Act of 1991), injunctive relief, and attorney's fees and costs.

Federal law requires employees to file charges within 180 days of the harassment (or 300 days in "deferral" states like Massachusetts that have their own anti-discrimination agency). The EEOC investigates and can issue a right-to-sue letter, allowing the employee to pursue a private lawsuit in federal court.

Massachusetts General Laws chapter 149, section 24L provides broader protections than federal law. Massachusetts covers employers with 6 or more employees, whereas Title VII requires 15 or more employees. This means smaller Massachusetts employers are still subject to state harassment prohibitions. Massachusetts explicitly includes ancestry and gender identity as protected characteristics; federal Title VII does not explicitly protect gender identity (though recent court interpretations increasingly recognize it).

Under Massachusetts law, harassment is illegal if it is "severe or pervasive" and creates a hostile work environment. The standard closely mirrors federal law but Massachusetts courts have sometimes applied more expansive interpretations of what constitutes "severe or pervasive" conduct. Massachusetts also recognizes a broader definition of "sexual harassment" to include harassment based on sexual orientation and gender identity, not just biological sex. Unlike federal law, which requires harassment to be tied to a federally protected characteristic, Massachusetts law is interpreted generously to include characteristics closely analogous to protected classes.

Massachusetts provides for remedies including back pay, front pay, compensatory damages for emotional distress and lost wages, punitive damages, injunctive relief (court orders requiring the employer to stop the conduct), and attorney's fees and litigation costs. The Commonwealth also allows for liquidated damages equal to the amount of back pay owed. Employees can pursue claims simultaneously under both state and federal law, but cannot double-recover damages for the same harm.

The Massachusetts Commission Against Discrimination (MCAD) investigates state complaints and can issue right-to-sue letters. Employees have 300 days to file with MCAD (this is a longer deadline than the federal 180 days in non-deferral states, and Massachusetts is a "deferral" state meaning EEOC defers to MCAD initially). Massachusetts also allows employees to file directly in superior court without exhausting administrative remedies, though this is uncommon.

Massachusetts harassment law does not protect against harassment based on characteristics not listed in the statute (M.G.L. c. 149, § 24L), such as political affiliation, marital status (except where it overlaps with sex discrimination), or personal appearance unrelated to a protected characteristic. Isolated incidents of rudeness or minor interpersonal conflict generally do not constitute actionable harassment; the conduct must be severe or pervasive.

Employers may defend harassment claims by demonstrating that: (1) the conduct was not actually unwelcome or the employee failed to report it through internal channels, (2) the employer took reasonable steps to prevent and promptly correct harassment upon learning of it, or (3) the plaintiff unreasonably failed to use the employer's anti-harassment procedures. However, in Massachusetts, the "Faragher-Ellerth" defense (used federally) is more narrowly applied—an employer's anti-harassment policy does not automatically shield them from liability if harassment occurs.

Conversational or joking remarks, even if crude or offensive, may not rise to the level of actionable harassment unless they are frequent, directed at a protected characteristic, and create a hostile environment. Massachusetts does recognize "intersectional" harassment (harassment based on the intersection of two or more protected characteristics, such as race and sex), and such claims receive full protection.

Harassment by non-supervisory coworkers may still be actionable if the employer knew or should have known of the conduct and failed to take corrective action. Similarly, harassment by clients or customers may be the employer's responsibility if the employer failed to address it. There is no exception for small businesses; employers with 6 or more employees are fully covered. Union shops and collective bargaining agreements do not exempt employers from harassment liability, though grievance procedures may be available alongside MCAD complaints.

Step 1 — Document the Harassment: Keep detailed records of every incident, including the date, time, location, who was involved, what was said or done, any witnesses, how it made you feel, and how it affected your work. Save all relevant emails, text messages, chat logs, and other written communications. Take screenshots or photos if physical conduct is involved. Note whether the harassment relates to a protected characteristic (race, sex, religion, disability, etc.). This documentation is critical for proving a pattern of severe or pervasive conduct.

Step 2 — Report Internally (Recommended but Not Required): Review your employer's anti-harassment policy and complaint procedures, usually found in the employee handbook. File a written complaint with HR or management, clearly describing the harassment and requesting action. Send the complaint via email so you have proof of delivery and date. Keep copies of everything you submit. Massachusetts law does not require you to exhaust internal remedies before filing with MCAD, but documenting that you reported the conduct strengthens your case and gives the employer a chance to remedy the problem. Internal complaints also reset the statute of limitations clock and show the employer had notice.

Step 3 — File a Complaint with MCAD: Contact the Massachusetts Commission Against Discrimination at 617-994-6000 or visit www.mass.gov/mcad. You have 300 days from the most recent harassment incident to file. You can file by mail, in person, or online through their portal. The complaint must include: your name and contact information, the employer's name and address, dates of the harassment, description of the conduct and which protected characteristic it targeted, names of witnesses, and what remedy you seek. You do not need an attorney to file, and there are no filing fees. MCAD will send you a notice of receipt and assignment number.

Step 4 — MCAD Investigation Process: After you file, MCAD investigates within 120 days (though delays are common). During investigation, MCAD will contact the employer and request a response, interview witnesses, review documents, and gather evidence. You will receive updates on the investigation's status. The investigation is confidential, though the employer learns you filed. MCAD may attempt conciliation (settlement) before issuing a finding. If MCAD finds probable cause that harassment occurred, it will issue a Probable Cause Finding and offer to mediate a settlement. If no settlement is reached, the case proceeds to hearing before an administrative judge at the MCAD State Board of Review.

Step 5 — Consult an Attorney: Consider consulting an employment law attorney in Massachusetts early in the process, especially if harassment is severe, ongoing, or the employer retaliated against you for reporting it. An attorney can help you understand your rights, prepare your complaint, gather evidence, and negotiate with the employer. Many employment attorneys work on contingency (no upfront fees; they take a percentage of your recovery). If you cannot afford an attorney, contact a legal aid organization such as Greater Boston Legal Services (617-603-1700) or Community Legal Aid (413-736-8454). An attorney is particularly important if you proceed to MCAD hearing or file in superior court, as the rules of evidence apply.