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