Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1172 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2306 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1172
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect unpaid interns, volunteers, and independent contractors from sexual
13	13	harassment and other forms of discrimination.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond Essex 1 of 4
17	17	SENATE DOCKET, NO. 2306 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 1172
19	19	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1172) of Joan B. Lovely for
20	20	legislation to protect unpaid interns, volunteers, and independent contractors from sexual
21	21	harassment and other forms of discrimination. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1035 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act to protect unpaid interns, volunteers, and independent contractors from sexual
30	30	harassment and other forms of discrimination.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 1 of chapter 151B is hereby amended by inserting at the beginning
34	34	2of line 15 the following sentence:-
35	35	3 The term “employer” means any organization or individual who engages a person to
36	36	4perform work on their behalf or on behalf of their subsidiaries, customers or clients, whether
37	37	5such work is paid or unpaid.
38	38	6 SECTION 2. Section 1 of chapter 151B is hereby further amended by inserting at the
39	39	7beginning of line 34 the following sentence:- 2 of 4
40	40	8 The term “employee” means any individual who engages in work under the control and
41	41	9direction of another, whether such work is paid or unpaid.
42	42	10 SECTION 3. Section 4 of chapter 151B is hereby amended by inserting after line 860 the
43	43	11following:-
44	44	12 20. It shall be an unlawful practice for an employer, labor organization, employment
45	45	13agency, apprenticeship training program or any training program leading to employment, or any
46	46	14other person to discriminate against any person in the selection, discharge, training, terms or
47	47	15treatment of that person in an apprenticeship, training program, an unpaid internship, or a
48	48	16volunteer program, or any other program designed to provide unpaid work, because of the race,
49	49	17color, religious creed, national origin, sex, handicap, gender identity, genetic information,
50	50	18pregnancy, ancestry, military and veteran status, or sexual orientation. Apprentices, trainees,
51	51	19unpaid interns, and volunteers may file a complaint alleging unlawful discrimination. A limited
52	52	20employment relationship for the purpose of providing protection from discrimination to all
53	53	21persons in the workplace, whether paid or unpaid shall exist, provided, however, that this
54	54	22relationship shall not create an employment relationship under wage and hour provision,
55	55	23workers' compensation, or unemployment insurance.
56	56	24 21. It shall be an unlawful practice for an employer, labor organization, employment
57	57	25agency, apprenticeship training program or any training program leading to employment, or any
58	58	26other person, because of the race, color, religious creed, national origin, sex, handicap, gender
59	59	27identity, genetic information, pregnancy, ancestry, military and veteran status, or sexual
60	60	28orientation, to harass an applicant, apprentice, trainee, unpaid intern, or a volunteer. An employer
61	61	29may be held liable to an applicant, apprentice, trainee, unpaid intern, or volunteer, with respect to 3 of 4
62	62	30unlawful harassment, when the employer, its agents or supervisors knew or should have known
63	63	31that such applicant, apprentice, trainee, unpaid intern, or volunteer was subjected to harassment
64	64	32in the employer's workplace, and the employer failed to take immediate and appropriate
65	65	33corrective action. A limited employment relationship for the purpose of providing protection
66	66	34from discrimination to all persons in the workplace, whether paid or unpaid shall exist, provided,
67	67	35however, that this relationship shall not create an employment relationship under wage and hour
68	68	36provision, workers' compensation, or unemployment insurance.
69	69	37 22. It shall be an unlawful practice for an employer because of the race, color, religious
70	70	38creed, national origin, sex, handicap, gender identity, genetic information, pregnancy, ancestry,
71	71	39military and veteran status, or sexual orientation of any individual or independent contractor, to
72	72	40refuse to contract with such individual or independent contractor, or to otherwise discriminate
73	73	41against such individual or independent contractor with respect to compensation, hire, tenure,
74	74	42terms, conditions or privileges of contract. An independent contractor or individual may file a
75	75	43complaint alleging unlawful discrimination.
76	76	44 23. It shall be an unlawful practice for an employer to permit harassment against non-
77	77	45employees in its workplace based on race, color, religious creed, national origin, sex, handicap,
78	78	46gender identity, genetic information, pregnancy, ancestry, military and veteran status, or sexual
79	79	47orientation. An employer may be held liable to a non-employee who is a contractor,
80	80	48subcontractor, vendor, consultant or other person providing services pursuant to a contract in the
81	81	49workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other
82	82	50person providing services pursuant to a contract in the workplace, when the employer, its agents
83	83	51or supervisors knew or should have known that such non-employee was subjected to harassment
84	84	52in the employer's workplace, and the employer failed to take immediate and appropriate 4 of 4
85	85	53corrective action. In reviewing such cases involving non-employees, the extent of the employer's
86	86	54control and any other legal responsibility that the employer may have with respect to the conduct
87	87	55of the harasser shall be considered. Non-employees may file a complaint alleging unlawful
88	88	56discrimination.
89	89	57 24. It shall be unlawful for any person, employer, labor organization or employment
90	90	58agency to harass, discharge, expel or otherwise discriminate against any person because he or she
91	91	59has opposed any practices forbidden under this chapter or because he or she has filed a
92	92	60complaint, testified or assisted in any proceeding under this chapter.