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Massachusetts Senate Bill S2061

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2061 Compare Versions

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22 SENATE DOCKET, NO. 376 FILED ON: 1/13/2023
33 SENATE . . . . . . . . . . . . . . No. 2061
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Rebecca L. Rausch
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act promoting equality and respect in the legislature.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 18
1616 SENATE DOCKET, NO. 376 FILED ON: 1/13/2023
1717 SENATE . . . . . . . . . . . . . . No. 2061
1818 By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2061) of Rebecca L. Rausch for
1919 legislation to promote equality and respect in the legislature. State Administration and
2020 Regulatory Oversight.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act promoting equality and respect in the legislature.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 23M the
3030 2following chapter:-
3131 3 CHAPTER 23N. COMMISSION ON WORKPLACE HARASSMENT AND SEXUAL
3232 4ASSAULT IN THE LEGISLATURE.
3333 5 Section 1. As used in this chapter, the following words shall have the following meanings
3434 6unless the context clearly requires otherwise:
3535 7 “Claim”, a written statement submitted to the commission by a reporting individual
3636 8alleging workplace harassment.
3737 9 “Commission”, the commission on workplace harassment and sexual assault in the
3838 10legislature. 2 of 18
3939 11 “Complaint”, a written statement submitted to the commission by a complainant alleging
4040 12workplace harassment.
4141 13 “Complainant”, any state house personnel who files a claim with the commission stating
4242 14that the person experienced, observed, or has reasonable reason to know of workplace
4343 15harassment by a state house personnel or another person the complainant reasonably believes
4444 16could affect the job security or career opportunities of the complainant.
4545 17 “Investigative report”, a report compiled by the general counsel, duly appointed pursuant
4646 18to Section 4 of this chapter, at the end of an investigation.
4747 19 “Identity-based harassment”, verbal or physical conduct designed to humiliate, threaten,
4848 20intimidate, coerce, demean, or disparage an individual targeted because of the individual’s race,
4949 21color, religion, national origin, sex, gender expression, gender identity, sexual orientation,
5050 22disability, age, genetic information, ancestry, or other aspect of a person’s identity, which
5151 23conduct negatively interferes with an individual’s work performance or creates an intimidating,
5252 24hostile, offensive, or otherwise untenable workplace environment.
5353 25 “Reporting individual”, a person who has experienced or witnessed incidents of
5454 26workplace harassment and has reported those incidents to the commission.
5555 27 “Respondent”, an individual accused of workplace harassment by a reporting individual
5656 28or complainant.
5757 29 “Retaliatory action”, the discharge, suspension, demotion or other adverse employment
5858 30action taken against an individual, reporting individual, or complainant that provides information
5959 31to the commission. 3 of 18
6060 32 "Sexual harassment”, unwelcome sexual advances, requests for sexual favors, or verbal
6161 33or physical conduct of a sexual nature when (a) submission to or rejection of such advances,
6262 34requests, or conduct is made either explicitly or implicitly a term or condition of employment or
6363 35as a basis for an employment decision, or (b) such advances, requests, or conduct have the
6464 36purpose or effect of unreasonably interfering with an individual’s work performance or creating
6565 37an intimidating, hostile, humiliating or sexually offensive work environment.
6666 38 “Sexual assault”, any nonconsensual sexual act involving physical touching.
6767 39 “State house personnel”, any person whose essential job functions are substantially
6868 40related to the operation of the general court. State house personnel shall include, but shall not be
6969 41limited to, members of the Senate and House of Representatives, employees of the legislature,
7070 42legislative interns, and employees of the executive branch whose principal place of business is
7171 43the state house.
7272 44 “Workplace harassment”, an incident involving elements of identity-based harassment,
7373 45sexual harassment or sexual assault as defined in this chapter.
7474 46 Section 2. (a) There shall be within the executive office of administration and finance, but
7575 47not under its control, a commission on workplace harassment and sexual assault in the
7676 48legislature. The commission shall respond to claims and investigate and report on complaints of
7777 49workplace harassment as provided in this chapter. The commission shall be an independent
7878 50public entity not subject to the supervision and control of any other executive office, department,
7979 51commission, board, bureau, agency or political subdivision of the commonwealth.
8080 52 (b) The commission shall consist of 13 members: 4 of 18
8181 53 (1) 1 of whom shall be appointed by the governor, provided however that the appointee
8282 54shall not be a current employee of the executive branch;
8383 55 (2) 1 of whom shall be appointed by the senate president, provided however that the
8484 56appointee shall not be a current member of the Senate or the House of Representatives;
8585 57 (3) 1 of whom shall be appointed by the senate minority leader, provided however that
8686 58the appointee shall not be a current member of the Senate or the House of Representatives;
8787 59 (4) 1 of whom shall be appointed by the speaker of the house of representatives, provided
8888 60however that the appointee shall not be a current member of the Senate or the House of
8989 61Representatives;
9090 62 (5) 1 of whom shall be appointed by the house minority leader, provided however that the
9191 63appointee shall not be a current member of the Senate or the House of Representatives;
9292 64 (6) 1 of whom shall be appointed by the Women’s Bar Association of Massachusetts,
9393 65who shall be a licensed attorney with demonstrated experience in the field of workplace
9494 66harassment;
9595 67 (7) 1 of whom shall be appointed by the Massachusetts LGBTQ Bar Association, who
9696 68shall be a licensed attorney with demonstrated experience in the field of workplace harassment;
9797 69 (8) 1 of whom shall be appointed by the Massachusetts Caucus of Women Legislators;
9898 70 (9) 1 of whom shall be appointed by the Massachusetts Black and Latino Legislative
9999 71Caucus; 5 of 18
100100 72 (10) 2 of whom shall be appointed by the attorney general, 1 of whom shall be a sexual
101101 73assault counsellor, as that term is defined in section 20J of chapter 233, and 1 of whom shall be a
102102 74licensed attorney with experience as a mediator or other presider over alternative dispute
103103 75resolution; and
104104 76 (11) 2 of whom shall be appointed by the auditor, 1 of whom shall be a licensed social
105105 77worker with demonstrated expertise in sexual harassment outreach and 1 of whom shall be a
106106 78human resources professional with demonstrated expertise in the field of workplace harassment
107107 79training.
108108 80 The commission shall annually elect 1 of its members to serve as chair and 1 of its
109109 81members to serve as vice-chair. Each member shall be appointed for a term of 3 years and shall
110110 82be eligible for reappointment; provided, however, that a person appointed to fill a vacancy shall
111111 83serve only for the unexpired term. A member shall not hold other employment in the government
112112 84of the commonwealth or any of its political subdivisions. Each member of the commission shall
113113 85be a resident of the commonwealth.
114114 86 (c) Seven members of the commission shall constitute a quorum and the affirmative vote
115115 87of seven members of the commission shall be necessary and sufficient for any action taken by
116116 88the commission. Members shall serve without pay but shall be reimbursed for actual expenses
117117 89necessarily incurred in the performance of their duties. Meetings of the commission shall be
118118 90subject to sections 18 to 25, inclusive, of chapter 30A and records pertaining to the
119119 91administration of the commission shall be subject to section 42 of chapter 30 and section 10 of
120120 92chapter 66. All moneys of the commission shall be considered to be public funds for purposes of
121121 93chapter 12A. 6 of 18
122122 94 The commission shall not be required to obtain the approval of any other officer or
123123 95employee of any executive agency in connection with the collection or analysis of any
124124 96information. The commission shall not be required, prior to publication, to obtain the approval of
125125 97any other officer or employee of any executive agency with respect to the substance of reports,
126126 98investigative or annual, that the general counsel has prepared under this chapter.
127127 99 (d) The commission shall have all the powers necessary or convenient to carry out and
128128 100effectuate its purposes. The powers shall include, but shall not be limited to:
129129 101 (i) developing a plan of operation for the commission that shall include, but shall not be
130130 102limited to, the implementation of procedures for operations of the commission and procedures
131131 103for communications with the general counsel;
132132 104 (ii) making, amending and repealing rules and regulations for the management of the
133133 105commission’s affairs;
134134 106 (iii) making contracts and executing all instruments that are necessary or convenient for
135135 107the carrying on of the commission’s business;
136136 108 (iv) acquiring, owning, holding, disposing of or encumbering personal property and
137137 109leasing real property in the exercise of the commission’s powers and the performance of the
138138 110commission’s duties;
139139 111 (v) seeking and receiving grant funding from the federal government, departments or
140140 112agencies of the commonwealth and private foundations;
141141 113 (vi) entering into and executing instruments in connection with agreements or
142142 114transactions with any federal, state or municipal agency or other public institution or with any 7 of 18
143143 115private individual, partnership, firm, corporation, association or other entity that may be
144144 116necessary in the commission’s judgment, and to fix the compensation of such an individual or
145145 117entity;
146146 118 (vii) enter into interdepartmental agreements with other state agencies that the
147147 119commission considers necessary to implement this chapter;
148148 120 (viii) adopt and alter an official seal;
149149 121 (ix) sue and be sued in its own name, plead and be impleaded; and
150150 122 (x) establish lines of credit and establish at least 1 cash and investment account to receive
151151 123appropriations from the commonwealth and for all other business activity granted by this
152152 124chapter.
153153 125 Section 3. The commission shall: (i) ensure the objective and thorough investigation of
154154 126all workplace harassment complaints within its jurisdiction; (ii) ensure the transparency of
155155 127processes and reports related to investigations of workplace harassment within its jurisdiction;
156156 128(iii) monitor and record claims of workplace harassment reported to the commission by
157157 129frequency and claim type; (iv) provide workplace harassment resources to individuals upon
158158 130request; (v) establish models for workplace harassment policy guidelines and training programs
159159 131for the general court; and (vi) conduct an annual workplace harassment survey for general court
160160 132employees.
161161 133 Section 4. (a) The commission shall appoint a general counsel by a majority vote. The
162162 134general counsel shall be lawfully admitted to practice as an attorney in the commonwealth and
163163 135shall supervise the administrative affairs and general management and operations of the 8 of 18
164164 136commission. The general counsel shall receive a salary commensurate with the duties of the
165165 137office. The general counsel may appoint other officers and employees of the commission
166166 138necessary to the functioning of the commission. Sections 9A, 45, 46, and 46C of chapter 30,
167167 139chapter 31 and chapter 150E shall not apply to the general counsel of the commission. Sections
168168 14045, 46 and 46C of chapter 30 shall not apply to any employee of the commission. The general
169169 141counsel may establish personnel regulations for the officers and employees of the commission.
170170 142The general counsel shall file an annual personnel report with the senate and house committees
171171 143on ways and means containing the job classifications, duties and salary of each officer and
172172 144employee of the commission together with personnel regulations applicable to the officers and
173173 145employees.
174174 146 (b) The general counsel shall, with the approval of the commission:
175175 147 (i) plan, direct, coordinate and execute administrative functions in conformity with the
176176 148policies and directives of the commission;
177177 149 (ii) establish an intake procedure for the submission of claims by reporting individuals to
178178 150the commission pursuant to section 5, including any necessary forms;
179179 151 (iii) conduct investigations authorized by this chapter, including supervising summons
180180 152and the collection of information relevant to authorized investigations; and
181181 153 (iv) at the conclusion of each investigation and pursuant to the requirements of section 7,
182182 154submit an investigative report on the findings of the investigation to the appropriate parties.
183183 155 Section 5. (a) The commission shall receive and review claims of workplace harassment
184184 156according to procedures established by the general counsel. 9 of 18
185185 157 (b) A reporting individual shall submit a claim in the form of a written statement to the
186186 158commission including, but not limited to: (i) the name, position, and the department, if
187187 159applicable, of the reporting individual; (ii) the name, position and department, if applicable, of
188188 160the respondent; (iii) a description of the incident, including the date, location and presence of
189189 161witnesses; (iv) the effect of the incident on the ability of the reporting individual to perform the
190190 162reporting individual’s job, or on other terms or conditions of the reporting individual’s
191191 163employment; and (v) other information the reporting individual believes is relevant to the claim.
192192 164The general counsel or a member of the commission staff may assist the reporting individual in
193193 165completing the written statement. The general counsel may request additional information from
194194 166the reporting individual in the form of a written statement or an in-person interview.
195195 167 (c) The commission shall notify a reporting individual orally and in writing of any
196196 168organization or government entity that has jurisdiction to address the specific incident of
197197 169workplace harassment reported by the individual including, but not limited to: (i) the attorney
198198 170general; (ii) a law enforcement official; (iii) the Massachusetts Commission Against
199199 171Discrimination; and (iv) the federal Equal Employment Opportunity Commission. A notification
200200 172under this subsection shall include an option for the claim to be sent to an organization or
201201 173government entity at the discretion and with the consent of the reporting individual. Claims
202202 174submitted to the commission shall be recorded and retained by the commission.
203203 175 (d) The procedures and remedies available to a reporting individual under this chapter
204204 176shall not preempt or supersede any legal procedures or remedies otherwise available to an
205205 177individual under local, state or federal law. 10 of 18
206206 178 Section 6. (a) The general counsel shall execute and supervise investigations under this
207207 179chapter.
208208 180 (b) If the commission determines that a reporting individual is a complainant as defined
209209 181by this chapter, the general counsel shall open an investigation into the complaint reported by the
210210 182complainant and notify the complainant and respondent in writing that an investigation has been
211211 183opened.
212212 184 (c) The commission shall issue rules and regulations to establish a process for a
213213 185respondent to appeal the determination that a reporting individual is a complainant under this
214214 186section. The process shall include notice and an opportunity for a hearing.
215215 187 (d) The general counsel may request the production, on a voluntary basis, of testimony or
216216 188documents from an individual, government agency or non-governmental entity. The general
217217 189counsel may require by summons the production of all records, reports, audits, reviews, papers,
218218 190books, documents, recommendations, correspondence and any other data and material relevant to
219219 191a matter under investigation pursuant to this chapter. The summons shall be served in the same
220220 192manner as a summons for the production of documents in civil cases issued on behalf of the
221221 193commonwealth and the law relative to the summons shall apply to a summons issued pursuant to
222222 194this chapter. A justice of the superior court department of the trial court of the commonwealth
223223 195may, upon application by the general counsel, issue an order to compel the production of records,
224224 196reports, audits, reviews, papers, books, documents, recommendations, correspondence and any
225225 197other data and material relevant to any matter under investigation pursuant to this chapter. A
226226 198failure to obey such an order may be punished by the court as contempt. 11 of 18
227227 199 (e) A summons issued pursuant to this section shall not be made public by the general
228228 200counsel or any officer or employee of the commission and any information provided pursuant to
229229 201this section shall not be made public until such time as it is necessary for the general counsel to
230230 202do so through the issuing of an investigative report. Disclosure of production, attendance or
231231 203testimony may be made to the members of the staff of the commission as is deemed necessary by
232232 204the general counsel.
233233 205 (f) An investigation may be closed when the general counsel determines a sufficient
234234 206amount of information has been collected to find that it is more likely than not that workplace
235235 207harassment occurred or to determine that a finding could not be made. An investigation under
236236 208this section shall be completed in not more than 6 months; provided, however, that the
237237 209commission may, upon a request by the general counsel, approve an extension of not more than 6
238238 210months.
239239 211 Section 7. (a) At the conclusion of an investigation, the general counsel shall compile and
240240 212submit a report on the findings of the investigation.
241241 213 (b) The report shall include, but shall not be limited to: (i) the position and department, if
242242 214applicable, of the complainant; (ii) the name, position and department, if applicable, of the
243243 215respondent; (iii) the time and location of the incident being investigated; (iv) a detailed
244244 216description of the incident; (v) resources provided to the complainant by the commission or other
245245 217governmental or non-governmental entities; and (vi) a finding that it is more likely than not that
246246 218harassment occurred or a statement that a finding could not be made. If after an investigation a
247247 219majority of the commission determines that it is more likely than not that harassment occurred,
248248 220the commission shall include in the report a recommendation for disciplinary action, including 12 of 18
249249 221but not limited to: in the case of a legislator, reprimand, censure, temporary or permanent
250250 222removal from committee chairmanship or other position of authority, suspension with or without
251251 223pay, or expulsion; in the case of an officer or employee of the general court, reprimand,
252252 224suspension or removal. Said report shall not prevent the senate or house of representatives from
253253 225taking any other action as it shall deem advisable and appropriate.
254254 226 (c) Prior to a report being released, the general counsel shall notify the complainant and
255255 227the respondent that the investigation has been closed and issue a copy of the investigative report
256256 228to the complainant and respondent for review. The commission shall issue rules and regulations
257257 229to establish a process for a complainant or respondent to appeal the release of an investigative
258258 230report before a report is released. The process shall include notice and an opportunity for a
259259 231hearing.
260260 232 (d) The general counsel shall submit a copy of the investigative report to all interested
261261 233parties including, but not limited to: (i) the complainant; (ii) the respondent; (iii) each member of
262262 234the commission; and (iv) the respondent’s employer, provided, however, that if the respondent is
263263 235a member of the legislature, the report will be sent to the committee on ethics in the chamber
264264 236where the respondent is a member. A copy of the report may be submitted to the attorney general
265265 237or the district attorney for the district in which the incident occurred with the complainant’s
266266 238written consent.
267267 239 Section 8. (a) Except as otherwise provided in this section, the proceedings and records of
268268 240the commission related to investigations shall be confidential and not subject to section 10 of
269269 241chapter 66. The commission shall establish procedures, applicable to members of the 13 of 18
270270 242commission, general counsel, and staff that ensure compliance with the confidentiality
271271 243requirements of this chapter.
272272 244 (b) If the subject matter of an investigation becomes public through independent sources,
273273 245the general counsel may issue a statement to confirm the pendency of the investigation or to
274274 246clarify the procedural aspects of the investigation.
275275 247 (c) Reports submitted to interested parties by the general counsel shall be confidential
276276 248and not subject to section 10 of chapter 66, including reports sent to individuals, members of the
277277 249commission and governmental and non-governmental entities. A party that receives a report
278278 250from the general counsel shall notify staff, if any, that the report is confidential and take steps to
279279 251ensure non-disclosure of the report.
280280 252 (d) Nothing in this chapter shall preclude or limit the right of a complainant, respondent
281281 253or witness to share personal information under federal, state or local law.
282282 254 Section 9. A person shall not discharge or cause to be discharged or otherwise discipline
283283 255or in any manner discriminate against or take any other retaliatory action against any employee,
284284 256client or other person for providing information to the commission, the general counsel or
285285 257commission staff, including filing a report or complaint with the commission or testifying in a
286286 258commission proceeding. A person who willfully violates this section shall be punished by a fine
287287 259of not more than $1,000 or by imprisonment for not more than 1 year, or both. A person who
288288 260takes such a prohibited action against an employee, client or other person may be liable to that
289289 261employee, client or other person for treble damages, costs and attorney’s fees.
290290 262 Section 10. The commission shall annually conduct a workplace harassment survey of all
291291 263employees and interns of the general court. The survey shall be administered electronically and 14 of 18
292292 264the identity of the survey takers shall be anonymous. The survey shall include a definitions
293293 265section that shall include but shall not be limited to the definitions of identity-based harassment,
294294 266sexual harassment and sexual assault under this chapter. The survey shall include a demographic
295295 267section that shall include the age, sex, gender identity, race, ethnicity, sexual orientation,
296296 268religious affiliation, level of education and relationship status of the survey taker. The survey
297297 269shall include a questions section that shall include, but shall not be limited to the following
298298 270questions: (i) “Have you experienced or witnessed some form of workplace harassment or
299299 271assault-related behaviors in the past 12 months?”; (ii) “If you have experienced or witnessed
300300 272some form of workplace harassment or assault-related behaviors, what was the primary basis for
301301 273the specific behavior or set of experiences?”; (iii) “If you have experienced or witnessed some
302302 274form of workplace harassment or assault-related behaviors, when and where did the specific
303303 275behavior or set of experiences occur?”; (iv) “If you have experienced or witnessed some form of
304304 276workplace harassment or assault-related behaviors, how often and for how long did the specific
305305 277behavior or set of experiences persist?”; (v) “If you have experienced or witnessed some form of
306306 278workplace harassment or assault-related behaviors, who was involved in the specific behavior or
307307 279set of experiences?”; (vi) “If you have experienced or witnessed some form of workplace
308308 280harassment or assault-related behaviors, what was the job title of the person or persons involved
309309 281in the specific behavior or set of experiences?”; (vii) “If you have experienced or witnessed some
310310 282form of workplace harassment or assault-related behaviors, did your work role require you to
311311 283continue to interact with the person or persons involved?”; (viii) “If you have experienced or
312312 284witnessed some form of workplace harassment or assault-related behaviors, did you discuss the
313313 285specific behavior or set of experiences with anyone at work?”; (ix) “If you have experienced or
314314 286witnessed some form of workplace harassment or assault-related behaviors, did you make a 15 of 18
315315 287complaint or report in response to the specific behavior or set of experiences?”; (x) “If you have
316316 288made a complaint or report, what happened as a result of it?”; (xi) “If you have experienced or
317317 289witnessed some form of workplace harassment or assault-related behaviors and did not make a
318318 290complaint or report, what were the reasons for not doing so?”; (xii) “If you have experienced or
319319 291witnessed some form of workplace harassment or assault-related behaviors, what effect did the
320320 292specific behavior or set of experiences have on your interpersonal relationships, physical or
321321 293emotional well-being, job performance or willingness to remain a part of the legislature?”; (xiii)
322322 294“If you have experienced or witnessed some form of workplace harassment or assault-related
323323 295behaviors, what resources did you use to make a complaint or report or receive additional
324324 296information about workplace harassment, if any?”; (xiv) “If you experience or witness workplace
325325 297harassment or assault-related behaviors, will you make a complaint or report?”; and (xv) “If you
326326 298would not make a complaint or report after experiencing or witnessing workplace harassment or
327327 299assault behaviors, is it due to a fear of retaliatory action?”.
328328 300 Section 11. The commission shall annually compile a report that shall include, but shall
329329 301not be limited to: (i) the number of incidents of workplace harassment and assault reported to the
330330 302commission, classified and analyzed by the type of incident, the demographics of reporting
331331 303individuals and the percentage of reports that led to investigations; (ii) the number of
332332 304investigations opened by the general counsel, classified by respondent job title; (iii) the number
333333 305of investigative reports issued by the commission, classified by the type of incident, the
334334 306demographics of complainants and the demographics of respondents; (iv) the results of the
335335 307workplace harassment survey conducted pursuant to section 10 as raw data and synthesized to
336336 308identify and describe correlations and overarching trends; (vi) recommended changes to the
337337 309model workplace harassment policies established by the commission, if any; and (vii) any other 16 of 18
338338 310information that may assist the legislature in preventing and effectively responding to incidents
339339 311of workplace harassment. The commission shall file the annual report with the senate president,
340340 312the speaker of the house of representatives, the clerks of the senate and house of representatives
341341 313and the chairs of the joint committee on rules not later than September 15.
342342 314 Section 12. The commission shall promulgate the rules and regulations and perform the
343343 315functions that are necessary for the administration, implementation and enforcement of this
344344 316chapter.
345345 317 SECTION 2. Notwithstanding subsection (b) of section 2 of chapter 23N of the General
346346 318Laws, the initial appointments to the commission on workplace harassment and sexual assault in
347347 319the legislature made by the governor, senate president and senate minority leader shall serve for a
348348 320term of 3 years, the initial appointments made by the speaker of the house of representatives and
349349 321the house minority leader and 1 of the initial appointments made by the attorney general shall
350350 322serve for a term of 2 years and the initial appointments made by the auditor and 1 of the initial
351351 323appointments made by the attorney general shall serve for a term of 1 year.
352352 324 SECTION 3. (a) The commission on workplace harassment and sexual assault in the
353353 325legislature established by chapter 23N shall, in consultation with the Massachusetts Commission
354354 326Against Discrimination, research and develop model workplace harassment policies for
355355 327consideration and use by the senate and house of representatives. In developing the model
356356 328policies, the commission may request and receive information and testimony from experts in
357357 329relevant fields including, but not limited to, workplace harassment, sexual assault, personnel
358358 330policies and human resources management. The model workplace harassment policies shall
359359 331include, at a minimum: (i) a statement of the illegality of workplace harassment; (ii) a definition 17 of 18
360360 332of identity-based harassment, sexual harassment and sexual assault; (iii) descriptions of conduct
361361 333constituting identity-based harassment, sexual harassment and sexual assault, including
362362 334examples; (iv) resources available to reporting individuals including, but not limited to, contact
363363 335information for the commission, the Massachusetts Commission Against Discrimination and the
364364 336federal Equal Employment Opportunity Commission; and (v) protection against retaliatory
365365 337action. The commission shall submit the model workplace harassment policies, including
366366 338specific policy language, to the senate president, the speaker of the house of representatives, the
367367 339clerks of the senate and house of representatives, and the chairs of the joint committee on rules.
368368 340The senate and house of representatives may adopt the model policies submitted pursuant to this
369369 341section in whole or in part.
370370 342 (b) The commission shall research and develop a model workplace harassment training
371371 343program for consideration and use by the senate and house of representatives. In developing the
372372 344model training program, the commission may contract with third party vendors and request and
373373 345receive information and testimony from experts in relevant fields such as identity-based
374374 346harassment, sexual harassment, sexual assault, personnel policies and human resources
375375 347management. The model training program shall include, at a minimum: (i) a definition of
376376 348“effective interactive training”; (ii) a definition of “legislative employee”; (iii) a definition of
377377 349“unlawful conduct”, which shall include applicable federal and state statutory and case law
378378 350references and principles; (iv) minimum trainer qualifications; (v) minimum training frequency
379379 351and duration requirements; (vi) procedures for training completion documentation, including
380380 352minimum record retention requirements and procedures for individual tracking; and (vii) training
381381 353content requirements, including, but not limited to, types of conduct that constitute workplace
382382 354harassment, remedies available to reporting individuals, strategies to prevent workplace 18 of 18
383383 355harassment, practical examples of workplace harassment and hypothetical situations,
384384 356confidentiality of the reporting process and resources for reporting individuals.