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SENATE DOCKET, NO. 376 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 2061
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Rebecca L. Rausch
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act promoting equality and respect in the legislature.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 18
SENATE DOCKET, NO. 376 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 2061
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2061) of Rebecca L. Rausch for
legislation to promote equality and respect in the legislature. State Administration and
Regulatory Oversight.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act promoting equality and respect in the legislature.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The General Laws are hereby amended by inserting after chapter 23M the
2following chapter:-
3 CHAPTER 23N. COMMISSION ON WORKPLACE HARASSMENT AND SEXUAL
4ASSAULT IN THE LEGISLATURE.
5 Section 1. As used in this chapter, the following words shall have the following meanings
6unless the context clearly requires otherwise:
7 “Claim”, a written statement submitted to the commission by a reporting individual
8alleging workplace harassment.
9 “Commission”, the commission on workplace harassment and sexual assault in the
10legislature. 2 of 18
11 “Complaint”, a written statement submitted to the commission by a complainant alleging
12workplace harassment.
13 “Complainant”, any state house personnel who files a claim with the commission stating
14that the person experienced, observed, or has reasonable reason to know of workplace
15harassment by a state house personnel or another person the complainant reasonably believes
16could affect the job security or career opportunities of the complainant.
17 “Investigative report”, a report compiled by the general counsel, duly appointed pursuant
18to Section 4 of this chapter, at the end of an investigation.
19 “Identity-based harassment”, verbal or physical conduct designed to humiliate, threaten,
20intimidate, coerce, demean, or disparage an individual targeted because of the individual’s race,
21color, religion, national origin, sex, gender expression, gender identity, sexual orientation,
22disability, age, genetic information, ancestry, or other aspect of a person’s identity, which
23conduct negatively interferes with an individual’s work performance or creates an intimidating,
24hostile, offensive, or otherwise untenable workplace environment.
25 “Reporting individual”, a person who has experienced or witnessed incidents of
26workplace harassment and has reported those incidents to the commission.
27 “Respondent”, an individual accused of workplace harassment by a reporting individual
28or complainant.
29 “Retaliatory action”, the discharge, suspension, demotion or other adverse employment
30action taken against an individual, reporting individual, or complainant that provides information
31to the commission. 3 of 18
32 "Sexual harassment”, unwelcome sexual advances, requests for sexual favors, or verbal
33or physical conduct of a sexual nature when (a) submission to or rejection of such advances,
34requests, or conduct is made either explicitly or implicitly a term or condition of employment or
35as a basis for an employment decision, or (b) such advances, requests, or conduct have the
36purpose or effect of unreasonably interfering with an individual’s work performance or creating
37an intimidating, hostile, humiliating or sexually offensive work environment.
38 “Sexual assault”, any nonconsensual sexual act involving physical touching.
39 “State house personnel”, any person whose essential job functions are substantially
40related to the operation of the general court. State house personnel shall include, but shall not be
41limited to, members of the Senate and House of Representatives, employees of the legislature,
42legislative interns, and employees of the executive branch whose principal place of business is
43the state house.
44 “Workplace harassment”, an incident involving elements of identity-based harassment,
45sexual harassment or sexual assault as defined in this chapter.
46 Section 2. (a) There shall be within the executive office of administration and finance, but
47not under its control, a commission on workplace harassment and sexual assault in the
48legislature. The commission shall respond to claims and investigate and report on complaints of
49workplace harassment as provided in this chapter. The commission shall be an independent
50public entity not subject to the supervision and control of any other executive office, department,
51commission, board, bureau, agency or political subdivision of the commonwealth.
52 (b) The commission shall consist of 13 members: 4 of 18
53 (1) 1 of whom shall be appointed by the governor, provided however that the appointee
54shall not be a current employee of the executive branch;
55 (2) 1 of whom shall be appointed by the senate president, provided however that the
56appointee shall not be a current member of the Senate or the House of Representatives;
57 (3) 1 of whom shall be appointed by the senate minority leader, provided however that
58the appointee shall not be a current member of the Senate or the House of Representatives;
59 (4) 1 of whom shall be appointed by the speaker of the house of representatives, provided
60however that the appointee shall not be a current member of the Senate or the House of
61Representatives;
62 (5) 1 of whom shall be appointed by the house minority leader, provided however that the
63appointee shall not be a current member of the Senate or the House of Representatives;
64 (6) 1 of whom shall be appointed by the Women’s Bar Association of Massachusetts,
65who shall be a licensed attorney with demonstrated experience in the field of workplace
66harassment;
67 (7) 1 of whom shall be appointed by the Massachusetts LGBTQ Bar Association, who
68shall be a licensed attorney with demonstrated experience in the field of workplace harassment;
69 (8) 1 of whom shall be appointed by the Massachusetts Caucus of Women Legislators;
70 (9) 1 of whom shall be appointed by the Massachusetts Black and Latino Legislative
71Caucus; 5 of 18
72 (10) 2 of whom shall be appointed by the attorney general, 1 of whom shall be a sexual
73assault counsellor, as that term is defined in section 20J of chapter 233, and 1 of whom shall be a
74licensed attorney with experience as a mediator or other presider over alternative dispute
75resolution; and
76 (11) 2 of whom shall be appointed by the auditor, 1 of whom shall be a licensed social
77worker with demonstrated expertise in sexual harassment outreach and 1 of whom shall be a
78human resources professional with demonstrated expertise in the field of workplace harassment
79training.
80 The commission shall annually elect 1 of its members to serve as chair and 1 of its
81members to serve as vice-chair. Each member shall be appointed for a term of 3 years and shall
82be eligible for reappointment; provided, however, that a person appointed to fill a vacancy shall
83serve only for the unexpired term. A member shall not hold other employment in the government
84of the commonwealth or any of its political subdivisions. Each member of the commission shall
85be a resident of the commonwealth.
86 (c) Seven members of the commission shall constitute a quorum and the affirmative vote
87of seven members of the commission shall be necessary and sufficient for any action taken by
88the commission. Members shall serve without pay but shall be reimbursed for actual expenses
89necessarily incurred in the performance of their duties. Meetings of the commission shall be
90subject to sections 18 to 25, inclusive, of chapter 30A and records pertaining to the
91administration of the commission shall be subject to section 42 of chapter 30 and section 10 of
92chapter 66. All moneys of the commission shall be considered to be public funds for purposes of
93chapter 12A. 6 of 18
94 The commission shall not be required to obtain the approval of any other officer or
95employee of any executive agency in connection with the collection or analysis of any
96information. The commission shall not be required, prior to publication, to obtain the approval of
97any other officer or employee of any executive agency with respect to the substance of reports,
98investigative or annual, that the general counsel has prepared under this chapter.
99 (d) The commission shall have all the powers necessary or convenient to carry out and
100effectuate its purposes. The powers shall include, but shall not be limited to:
101 (i) developing a plan of operation for the commission that shall include, but shall not be
102limited to, the implementation of procedures for operations of the commission and procedures
103for communications with the general counsel;
104 (ii) making, amending and repealing rules and regulations for the management of the
105commission’s affairs;
106 (iii) making contracts and executing all instruments that are necessary or convenient for
107the carrying on of the commission’s business;
108 (iv) acquiring, owning, holding, disposing of or encumbering personal property and
109leasing real property in the exercise of the commission’s powers and the performance of the
110commission’s duties;
111 (v) seeking and receiving grant funding from the federal government, departments or
112agencies of the commonwealth and private foundations;
113 (vi) entering into and executing instruments in connection with agreements or
114transactions with any federal, state or municipal agency or other public institution or with any 7 of 18
115private individual, partnership, firm, corporation, association or other entity that may be
116necessary in the commission’s judgment, and to fix the compensation of such an individual or
117entity;
118 (vii) enter into interdepartmental agreements with other state agencies that the
119commission considers necessary to implement this chapter;
120 (viii) adopt and alter an official seal;
121 (ix) sue and be sued in its own name, plead and be impleaded; and
122 (x) establish lines of credit and establish at least 1 cash and investment account to receive
123appropriations from the commonwealth and for all other business activity granted by this
124chapter.
125 Section 3. The commission shall: (i) ensure the objective and thorough investigation of
126all workplace harassment complaints within its jurisdiction; (ii) ensure the transparency of
127processes and reports related to investigations of workplace harassment within its jurisdiction;
128(iii) monitor and record claims of workplace harassment reported to the commission by
129frequency and claim type; (iv) provide workplace harassment resources to individuals upon
130request; (v) establish models for workplace harassment policy guidelines and training programs
131for the general court; and (vi) conduct an annual workplace harassment survey for general court
132employees.
133 Section 4. (a) The commission shall appoint a general counsel by a majority vote. The
134general counsel shall be lawfully admitted to practice as an attorney in the commonwealth and
135shall supervise the administrative affairs and general management and operations of the 8 of 18
136commission. The general counsel shall receive a salary commensurate with the duties of the
137office. The general counsel may appoint other officers and employees of the commission
138necessary to the functioning of the commission. Sections 9A, 45, 46, and 46C of chapter 30,
139chapter 31 and chapter 150E shall not apply to the general counsel of the commission. Sections
14045, 46 and 46C of chapter 30 shall not apply to any employee of the commission. The general
141counsel may establish personnel regulations for the officers and employees of the commission.
142The general counsel shall file an annual personnel report with the senate and house committees
143on ways and means containing the job classifications, duties and salary of each officer and
144employee of the commission together with personnel regulations applicable to the officers and
145employees.
146 (b) The general counsel shall, with the approval of the commission:
147 (i) plan, direct, coordinate and execute administrative functions in conformity with the
148policies and directives of the commission;
149 (ii) establish an intake procedure for the submission of claims by reporting individuals to
150the commission pursuant to section 5, including any necessary forms;
151 (iii) conduct investigations authorized by this chapter, including supervising summons
152and the collection of information relevant to authorized investigations; and
153 (iv) at the conclusion of each investigation and pursuant to the requirements of section 7,
154submit an investigative report on the findings of the investigation to the appropriate parties.
155 Section 5. (a) The commission shall receive and review claims of workplace harassment
156according to procedures established by the general counsel. 9 of 18
157 (b) A reporting individual shall submit a claim in the form of a written statement to the
158commission including, but not limited to: (i) the name, position, and the department, if
159applicable, of the reporting individual; (ii) the name, position and department, if applicable, of
160the respondent; (iii) a description of the incident, including the date, location and presence of
161witnesses; (iv) the effect of the incident on the ability of the reporting individual to perform the
162reporting individual’s job, or on other terms or conditions of the reporting individual’s
163employment; and (v) other information the reporting individual believes is relevant to the claim.
164The general counsel or a member of the commission staff may assist the reporting individual in
165completing the written statement. The general counsel may request additional information from
166the reporting individual in the form of a written statement or an in-person interview.
167 (c) The commission shall notify a reporting individual orally and in writing of any
168organization or government entity that has jurisdiction to address the specific incident of
169workplace harassment reported by the individual including, but not limited to: (i) the attorney
170general; (ii) a law enforcement official; (iii) the Massachusetts Commission Against
171Discrimination; and (iv) the federal Equal Employment Opportunity Commission. A notification
172under this subsection shall include an option for the claim to be sent to an organization or
173government entity at the discretion and with the consent of the reporting individual. Claims
174submitted to the commission shall be recorded and retained by the commission.
175 (d) The procedures and remedies available to a reporting individual under this chapter
176shall not preempt or supersede any legal procedures or remedies otherwise available to an
177individual under local, state or federal law. 10 of 18
178 Section 6. (a) The general counsel shall execute and supervise investigations under this
179chapter.
180 (b) If the commission determines that a reporting individual is a complainant as defined
181by this chapter, the general counsel shall open an investigation into the complaint reported by the
182complainant and notify the complainant and respondent in writing that an investigation has been
183opened.
184 (c) The commission shall issue rules and regulations to establish a process for a
185respondent to appeal the determination that a reporting individual is a complainant under this
186section. The process shall include notice and an opportunity for a hearing.
187 (d) The general counsel may request the production, on a voluntary basis, of testimony or
188documents from an individual, government agency or non-governmental entity. The general
189counsel may require by summons the production of all records, reports, audits, reviews, papers,
190books, documents, recommendations, correspondence and any other data and material relevant to
191a matter under investigation pursuant to this chapter. The summons shall be served in the same
192manner as a summons for the production of documents in civil cases issued on behalf of the
193commonwealth and the law relative to the summons shall apply to a summons issued pursuant to
194this chapter. A justice of the superior court department of the trial court of the commonwealth
195may, upon application by the general counsel, issue an order to compel the production of records,
196reports, audits, reviews, papers, books, documents, recommendations, correspondence and any
197other data and material relevant to any matter under investigation pursuant to this chapter. A
198failure to obey such an order may be punished by the court as contempt. 11 of 18
199 (e) A summons issued pursuant to this section shall not be made public by the general
200counsel or any officer or employee of the commission and any information provided pursuant to
201this section shall not be made public until such time as it is necessary for the general counsel to
202do so through the issuing of an investigative report. Disclosure of production, attendance or
203testimony may be made to the members of the staff of the commission as is deemed necessary by
204the general counsel.
205 (f) An investigation may be closed when the general counsel determines a sufficient
206amount of information has been collected to find that it is more likely than not that workplace
207harassment occurred or to determine that a finding could not be made. An investigation under
208this section shall be completed in not more than 6 months; provided, however, that the
209commission may, upon a request by the general counsel, approve an extension of not more than 6
210months.
211 Section 7. (a) At the conclusion of an investigation, the general counsel shall compile and
212submit a report on the findings of the investigation.
213 (b) The report shall include, but shall not be limited to: (i) the position and department, if
214applicable, of the complainant; (ii) the name, position and department, if applicable, of the
215respondent; (iii) the time and location of the incident being investigated; (iv) a detailed
216description of the incident; (v) resources provided to the complainant by the commission or other
217governmental or non-governmental entities; and (vi) a finding that it is more likely than not that
218harassment occurred or a statement that a finding could not be made. If after an investigation a
219majority of the commission determines that it is more likely than not that harassment occurred,
220the commission shall include in the report a recommendation for disciplinary action, including 12 of 18
221but not limited to: in the case of a legislator, reprimand, censure, temporary or permanent
222removal from committee chairmanship or other position of authority, suspension with or without
223pay, or expulsion; in the case of an officer or employee of the general court, reprimand,
224suspension or removal. Said report shall not prevent the senate or house of representatives from
225taking any other action as it shall deem advisable and appropriate.
226 (c) Prior to a report being released, the general counsel shall notify the complainant and
227the respondent that the investigation has been closed and issue a copy of the investigative report
228to the complainant and respondent for review. The commission shall issue rules and regulations
229to establish a process for a complainant or respondent to appeal the release of an investigative
230report before a report is released. The process shall include notice and an opportunity for a
231hearing.
232 (d) The general counsel shall submit a copy of the investigative report to all interested
233parties including, but not limited to: (i) the complainant; (ii) the respondent; (iii) each member of
234the commission; and (iv) the respondent’s employer, provided, however, that if the respondent is
235a member of the legislature, the report will be sent to the committee on ethics in the chamber
236where the respondent is a member. A copy of the report may be submitted to the attorney general
237or the district attorney for the district in which the incident occurred with the complainant’s
238written consent.
239 Section 8. (a) Except as otherwise provided in this section, the proceedings and records of
240the commission related to investigations shall be confidential and not subject to section 10 of
241chapter 66. The commission shall establish procedures, applicable to members of the 13 of 18
242commission, general counsel, and staff that ensure compliance with the confidentiality
243requirements of this chapter.
244 (b) If the subject matter of an investigation becomes public through independent sources,
245the general counsel may issue a statement to confirm the pendency of the investigation or to
246clarify the procedural aspects of the investigation.
247 (c) Reports submitted to interested parties by the general counsel shall be confidential
248and not subject to section 10 of chapter 66, including reports sent to individuals, members of the
249commission and governmental and non-governmental entities. A party that receives a report
250from the general counsel shall notify staff, if any, that the report is confidential and take steps to
251ensure non-disclosure of the report.
252 (d) Nothing in this chapter shall preclude or limit the right of a complainant, respondent
253or witness to share personal information under federal, state or local law.
254 Section 9. A person shall not discharge or cause to be discharged or otherwise discipline
255or in any manner discriminate against or take any other retaliatory action against any employee,
256client or other person for providing information to the commission, the general counsel or
257commission staff, including filing a report or complaint with the commission or testifying in a
258commission proceeding. A person who willfully violates this section shall be punished by a fine
259of not more than $1,000 or by imprisonment for not more than 1 year, or both. A person who
260takes such a prohibited action against an employee, client or other person may be liable to that
261employee, client or other person for treble damages, costs and attorney’s fees.
262 Section 10. The commission shall annually conduct a workplace harassment survey of all
263employees and interns of the general court. The survey shall be administered electronically and 14 of 18
264the identity of the survey takers shall be anonymous. The survey shall include a definitions
265section that shall include but shall not be limited to the definitions of identity-based harassment,
266sexual harassment and sexual assault under this chapter. The survey shall include a demographic
267section that shall include the age, sex, gender identity, race, ethnicity, sexual orientation,
268religious affiliation, level of education and relationship status of the survey taker. The survey
269shall include a questions section that shall include, but shall not be limited to the following
270questions: (i) “Have you experienced or witnessed some form of workplace harassment or
271assault-related behaviors in the past 12 months?”; (ii) “If you have experienced or witnessed
272some form of workplace harassment or assault-related behaviors, what was the primary basis for
273the specific behavior or set of experiences?”; (iii) “If you have experienced or witnessed some
274form of workplace harassment or assault-related behaviors, when and where did the specific
275behavior or set of experiences occur?”; (iv) “If you have experienced or witnessed some form of
276workplace harassment or assault-related behaviors, how often and for how long did the specific
277behavior or set of experiences persist?”; (v) “If you have experienced or witnessed some form of
278workplace harassment or assault-related behaviors, who was involved in the specific behavior or
279set of experiences?”; (vi) “If you have experienced or witnessed some form of workplace
280harassment or assault-related behaviors, what was the job title of the person or persons involved
281in the specific behavior or set of experiences?”; (vii) “If you have experienced or witnessed some
282form of workplace harassment or assault-related behaviors, did your work role require you to
283continue to interact with the person or persons involved?”; (viii) “If you have experienced or
284witnessed some form of workplace harassment or assault-related behaviors, did you discuss the
285specific behavior or set of experiences with anyone at work?”; (ix) “If you have experienced or
286witnessed some form of workplace harassment or assault-related behaviors, did you make a 15 of 18
287complaint or report in response to the specific behavior or set of experiences?”; (x) “If you have
288made a complaint or report, what happened as a result of it?”; (xi) “If you have experienced or
289witnessed some form of workplace harassment or assault-related behaviors and did not make a
290complaint or report, what were the reasons for not doing so?”; (xii) “If you have experienced or
291witnessed some form of workplace harassment or assault-related behaviors, what effect did the
292specific behavior or set of experiences have on your interpersonal relationships, physical or
293emotional well-being, job performance or willingness to remain a part of the legislature?”; (xiii)
294“If you have experienced or witnessed some form of workplace harassment or assault-related
295behaviors, what resources did you use to make a complaint or report or receive additional
296information about workplace harassment, if any?”; (xiv) “If you experience or witness workplace
297harassment or assault-related behaviors, will you make a complaint or report?”; and (xv) “If you
298would not make a complaint or report after experiencing or witnessing workplace harassment or
299assault behaviors, is it due to a fear of retaliatory action?”.
300 Section 11. The commission shall annually compile a report that shall include, but shall
301not be limited to: (i) the number of incidents of workplace harassment and assault reported to the
302commission, classified and analyzed by the type of incident, the demographics of reporting
303individuals and the percentage of reports that led to investigations; (ii) the number of
304investigations opened by the general counsel, classified by respondent job title; (iii) the number
305of investigative reports issued by the commission, classified by the type of incident, the
306demographics of complainants and the demographics of respondents; (iv) the results of the
307workplace harassment survey conducted pursuant to section 10 as raw data and synthesized to
308identify and describe correlations and overarching trends; (vi) recommended changes to the
309model workplace harassment policies established by the commission, if any; and (vii) any other 16 of 18
310information that may assist the legislature in preventing and effectively responding to incidents
311of workplace harassment. The commission shall file the annual report with the senate president,
312the speaker of the house of representatives, the clerks of the senate and house of representatives
313and the chairs of the joint committee on rules not later than September 15.
314 Section 12. The commission shall promulgate the rules and regulations and perform the
315functions that are necessary for the administration, implementation and enforcement of this
316chapter.
317 SECTION 2. Notwithstanding subsection (b) of section 2 of chapter 23N of the General
318Laws, the initial appointments to the commission on workplace harassment and sexual assault in
319the legislature made by the governor, senate president and senate minority leader shall serve for a
320term of 3 years, the initial appointments made by the speaker of the house of representatives and
321the house minority leader and 1 of the initial appointments made by the attorney general shall
322serve for a term of 2 years and the initial appointments made by the auditor and 1 of the initial
323appointments made by the attorney general shall serve for a term of 1 year.
324 SECTION 3. (a) The commission on workplace harassment and sexual assault in the
325legislature established by chapter 23N shall, in consultation with the Massachusetts Commission
326Against Discrimination, research and develop model workplace harassment policies for
327consideration and use by the senate and house of representatives. In developing the model
328policies, the commission may request and receive information and testimony from experts in
329relevant fields including, but not limited to, workplace harassment, sexual assault, personnel
330policies and human resources management. The model workplace harassment policies shall
331include, at a minimum: (i) a statement of the illegality of workplace harassment; (ii) a definition 17 of 18
332of identity-based harassment, sexual harassment and sexual assault; (iii) descriptions of conduct
333constituting identity-based harassment, sexual harassment and sexual assault, including
334examples; (iv) resources available to reporting individuals including, but not limited to, contact
335information for the commission, the Massachusetts Commission Against Discrimination and the
336federal Equal Employment Opportunity Commission; and (v) protection against retaliatory
337action. The commission shall submit the model workplace harassment policies, including
338specific policy language, to the senate president, the speaker of the house of representatives, the
339clerks of the senate and house of representatives, and the chairs of the joint committee on rules.
340The senate and house of representatives may adopt the model policies submitted pursuant to this
341section in whole or in part.
342 (b) The commission shall research and develop a model workplace harassment training
343program for consideration and use by the senate and house of representatives. In developing the
344model training program, the commission may contract with third party vendors and request and
345receive information and testimony from experts in relevant fields such as identity-based
346harassment, sexual harassment, sexual assault, personnel policies and human resources
347management. The model training program shall include, at a minimum: (i) a definition of
348“effective interactive training”; (ii) a definition of “legislative employee”; (iii) a definition of
349“unlawful conduct”, which shall include applicable federal and state statutory and case law
350references and principles; (iv) minimum trainer qualifications; (v) minimum training frequency
351and duration requirements; (vi) procedures for training completion documentation, including
352minimum record retention requirements and procedures for individual tracking; and (vii) training
353content requirements, including, but not limited to, types of conduct that constitute workplace
354harassment, remedies available to reporting individuals, strategies to prevent workplace 18 of 18
355harassment, practical examples of workplace harassment and hypothetical situations,
356confidentiality of the reporting process and resources for reporting individuals.