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Massachusetts Senate Bill S2204

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2204 Compare Versions

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22 SENATE DOCKET, NO. 2130 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 2204
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. 2130 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 2204
1818 By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2204) of Rebecca L. Rausch for
1919 legislation to promote equality and respect in the legislature. State Administration and
2020 Regulatory Oversight.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 2061 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act promoting equality and respect in the legislature.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby
3232 2amended by inserting after chapter 23M the following chapter:-
3333 3 CHAPTER 23N. COMMISSION ON WORKPLACE HARASSMENT AND SEXUAL
3434 4ASSAULT IN THE LEGISLATURE.
3535 5 Section 1. As used in this chapter, the following words shall have the following meanings
3636 6unless the context clearly requires otherwise:
3737 7 “Claim”, a written statement submitted to the commission by a reporting individual
3838 8alleging workplace harassment. 2 of 18
3939 9 “Commission”, the commission on workplace harassment and sexual assault in the
4040 10legislature.
4141 11 “Complaint”, a written statement submitted to the commission by a complainant alleging
4242 12workplace harassment.
4343 13 “Complainant”, any state house personnel who files a claim with the commission stating
4444 14that the person experienced, observed, or has reasonable reason to know of workplace
4545 15harassment by a state house personnel or another person the complainant reasonably believes
4646 16could affect the job security or career opportunities of the complainant.
4747 17 “Investigative report”, a report compiled by the general counsel, duly appointed pursuant
4848 18to Section 4 of this chapter, at the end of an investigation.
4949 19 “Identity-based harassment”, verbal or physical conduct designed to humiliate, threaten,
5050 20intimidate, coerce, demean, or disparage an individual targeted because of the individual’s race,
5151 21color, religion, national origin, sex, gender expression, gender identity, sexual orientation,
5252 22disability, age, genetic information, ancestry, or other aspect of a person’s identity, which
5353 23conduct negatively interferes with an individual’s work performance or creates an intimidating,
5454 24hostile, offensive, or otherwise untenable workplace environment.
5555 25 “Reporting individual”, a person who has experienced or witnessed incidents of
5656 26workplace harassment and has reported those incidents to the commission.
5757 27 “Respondent”, an individual accused of workplace harassment by a reporting individual
5858 28or complainant. 3 of 18
5959 29 “Retaliatory action”, the discharge, suspension, demotion or other adverse employment
6060 30action taken against an individual, reporting individual, or complainant that provides information
6161 31to the commission.
6262 32 “Sexual harassment”, unwelcome sexual advances, requests for sexual favors, or verbal
6363 33or physical conduct of a sexual nature when (a) submission to or rejection of such advances,
6464 34requests, or conduct is made either explicitly or implicitly a term or condition of employment or
6565 35as a basis for an employment decision, or (b) such advances, requests, or conduct have the
6666 36purpose or effect of unreasonably interfering with an individual’s work performance or creating
6767 37an intimidating, hostile, humiliating or sexually offensive work environment.
6868 38 “Sexual assault”, any nonconsensual sexual act involving physical touching.
6969 39 “State house personnel”, any person whose essential job functions are substantially
7070 40related to the operation of the general court. State house personnel shall include, but shall not be
7171 41limited to, members of the Senate and House of Representatives, employees of the legislature,
7272 42legislative interns, and employees of the executive branch whose principal place of business is
7373 43the state house.
7474 44 “Workplace harassment”, an incident involving elements of identity-based harassment,
7575 45sexual harassment or sexual assault as defined in this chapter.
7676 46 Section 2. (a) There shall be within the executive office of administration and finance, but
7777 47not under its control, a commission on workplace harassment and sexual assault in the
7878 48legislature. The commission shall respond to claims and investigate and report on complaints of
7979 49workplace harassment as provided in this chapter. The commission shall be an independent 4 of 18
8080 50public entity not subject to the supervision and control of any other executive office, department,
8181 51commission, board, bureau, agency or political subdivision of the commonwealth.
8282 52 (b) The commission shall consist of 13 members:
8383 53 (1) 1 of whom shall be appointed by the governor, provided however that the appointee
8484 54shall not be a current employee of the executive branch;
8585 55 (2) 1 of whom shall be appointed by the senate president, provided however that the
8686 56appointee shall not be a current member of the Senate or the House of Representatives;
8787 57 (3) 1 of whom shall be appointed by the senate minority leader, provided however that
8888 58the appointee shall not be a current member of the Senate or the House of Representatives;
8989 59 (4) 1 of whom shall be appointed by the speaker of the house of representatives, provided
9090 60however that the appointee shall not be a current member of the Senate or the House of
9191 61Representatives;
9292 62 (5) 1 of whom shall be appointed by the house minority leader, provided however that the
9393 63appointee shall not be a current member of the Senate or the House of Representatives;
9494 64 (6) 1 of whom shall be appointed by the Women’s Bar Association of Massachusetts,
9595 65who shall be a licensed attorney with demonstrated experience in the field of workplace
9696 66harassment;
9797 67 (7) 1 of whom shall be appointed by the Massachusetts LGBTQ Bar Association, who
9898 68shall be a licensed attorney with demonstrated experience in the field of workplace harassment;
9999 69 (8) 1 of whom shall be appointed by the Massachusetts Caucus of Women Legislators; 5 of 18
100100 70 (9) 1 of whom shall be appointed by the Massachusetts Black and Latino Legislative
101101 71Caucus;
102102 72 (10) 2 of whom shall be appointed by the attorney general, 1 of whom shall be a sexual
103103 73assault counsellor, as that term is defined in section 20J of chapter 233, and 1 of whom shall be a
104104 74licensed attorney with experience as a mediator or other presider over alternative dispute
105105 75resolution; and
106106 76 (11) 2 of whom shall be appointed by the auditor, 1 of whom shall be a licensed social
107107 77worker with demonstrated expertise in sexual harassment outreach and 1 of whom shall be a
108108 78human resources professional with demonstrated expertise in the field of workplace harassment
109109 79training.
110110 80 The commission shall annually elect 1 of its members to serve as chair and 1 of its
111111 81members to serve as vice-chair. Each member shall be appointed for a term of 3 years and shall
112112 82be eligible for reappointment; provided, however, that a person appointed to fill a vacancy shall
113113 83serve only for the unexpired term. A member shall not hold other employment in the government
114114 84of the commonwealth or any of its political subdivisions. Each member of the commission shall
115115 85be a resident of the commonwealth.
116116 86 (c) Seven members of the commission shall constitute a quorum and the affirmative vote
117117 87of seven members of the commission shall be necessary and sufficient for any action taken by
118118 88the commission. Members shall serve without pay but shall be reimbursed for actual expenses
119119 89necessarily incurred in the performance of their duties. Meetings of the commission shall be
120120 90subject to sections 18 to 25, inclusive, of chapter 30A and records pertaining to the
121121 91administration of the commission shall be subject to section 42 of chapter 30 and section 10 of 6 of 18
122122 92chapter 66. All moneys of the commission shall be considered to be public funds for purposes of
123123 93chapter 12A.
124124 94 The commission shall not be required to obtain the approval of any other officer or
125125 95employee of any executive agency in connection with the collection or analysis of any
126126 96information. The commission shall not be required, prior to publication, to obtain the approval of
127127 97any other officer or employee of any executive agency with respect to the substance of reports,
128128 98investigative or annual, that the general counsel has prepared under this chapter.
129129 99 (d) The commission shall have all the powers necessary or convenient to carry out and
130130 100effectuate its purposes. The powers shall include, but shall not be limited to:
131131 101 (i) developing a plan of operation for the commission that shall include, but shall not be
132132 102limited to, the implementation of procedures for operations of the commission and procedures
133133 103for communications with the general counsel;
134134 104 (ii) making, amending and repealing rules and regulations for the management of the
135135 105commission’s affairs;
136136 106 (iii) making contracts and executing all instruments that are necessary or convenient for
137137 107the carrying on of the commission’s business;
138138 108 (iv) acquiring, owning, holding, disposing of or encumbering personal property and
139139 109leasing real property in the exercise of the commission’s powers and the performance of the
140140 110commission’s duties;
141141 111 (v) seeking and receiving grant funding from the federal government, departments or
142142 112agencies of the commonwealth and private foundations; 7 of 18
143143 113 (vi) entering into and executing instruments in connection with agreements or
144144 114transactions with any federal, state or municipal agency or other public institution or with any
145145 115private individual, partnership, firm, corporation, association or other entity that may be
146146 116necessary in the commission’s judgment, and to fix the compensation of such an individual or
147147 117entity;
148148 118 (vii) enter into interdepartmental agreements with other state agencies that the
149149 119commission considers necessary to implement this chapter;
150150 120 (viii) adopt and alter an official seal;
151151 121 (ix) sue and be sued in its own name, plead and be impleaded; and
152152 122 (x) establish lines of credit and establish at least 1 cash and investment account to receive
153153 123appropriations from the commonwealth and for all other business activity granted by this
154154 124chapter.
155155 125 Section 3. The commission shall: (i) ensure the objective and thorough investigation of
156156 126all workplace harassment complaints within its jurisdiction; (ii) ensure the transparency of
157157 127processes and reports related to investigations of workplace harassment within its jurisdiction;
158158 128(iii) monitor and record claims of workplace harassment reported to the commission by
159159 129frequency and claim type; (iv) provide workplace harassment resources to individuals upon
160160 130request; (v) establish models for workplace harassment policy guidelines and training programs
161161 131for the general court; and (vi) conduct an annual workplace harassment survey for general court
162162 132employees. 8 of 18
163163 133 Section 4. (a) The commission shall appoint a general counsel by a majority vote. The
164164 134general counsel shall be lawfully admitted to practice as an attorney in the commonwealth and
165165 135shall supervise the administrative affairs and general management and operations of the
166166 136commission. The general counsel shall receive a salary commensurate with the duties of the
167167 137office. The general counsel may appoint other officers and employees of the commission
168168 138necessary to the functioning of the commission. Sections 9A, 45, 46, and 46C of chapter 30,
169169 139chapter 31 and chapter 150E shall not apply to the general counsel of the commission. Sections
170170 14045, 46 and 46C of chapter 30 shall not apply to any employee of the commission. The general
171171 141counsel may establish personnel regulations for the officers and employees of the commission.
172172 142The general counsel shall file an annual personnel report with the senate and house committees
173173 143on ways and means containing the job classifications, duties and salary of each officer and
174174 144employee of the commission together with personnel regulations applicable to the officers and
175175 145employees.
176176 146 (b) The general counsel shall, with the approval of the commission:
177177 147 (i) plan, direct, coordinate and execute administrative functions in conformity with the
178178 148policies and directives of the commission;
179179 149 (ii) establish an intake procedure for the submission of claims by reporting individuals to
180180 150the commission pursuant to section 5, including any necessary forms;
181181 151 (iii) conduct investigations authorized by this chapter, including supervising summons
182182 152and the collection of information relevant to authorized investigations; and
183183 153 (iv) at the conclusion of each investigation and pursuant to the requirements of section 7,
184184 154submit an investigative report on the findings of the investigation to the appropriate parties. 9 of 18
185185 155 Section 5. (a) The commission shall receive and review claims of workplace harassment
186186 156according to procedures established by the general counsel.
187187 157 (b) A reporting individual shall submit a claim in the form of a written statement to the
188188 158commission including, but not limited to: (i) the name, position, and the department, if
189189 159applicable, of the reporting individual; (ii) the name, position and department, if applicable, of
190190 160the respondent; (iii) a description of the incident, including the date, location and presence of
191191 161witnesses; (iv) the effect of the incident on the ability of the reporting individual to perform the
192192 162reporting individual’s job, or on other terms or conditions of the reporting individual’s
193193 163employment; and (v) other information the reporting individual believes is relevant to the claim.
194194 164The general counsel or a member of the commission staff may assist the reporting individual in
195195 165completing the written statement. The general counsel may request additional information from
196196 166the reporting individual in the form of a written statement or an in-person interview.
197197 167 (c) The commission shall notify a reporting individual orally and in writing of any
198198 168organization or government entity that has jurisdiction to address the specific incident of
199199 169workplace harassment reported by the individual including, but not limited to: (i) the attorney
200200 170general; (ii) a law enforcement official; (iii) the Massachusetts Commission Against
201201 171Discrimination; and (iv) the federal Equal Employment Opportunity Commission. A notification
202202 172under this subsection shall include an option for the claim to be sent to an organization or
203203 173government entity at the discretion and with the consent of the reporting individual. Claims
204204 174submitted to the commission shall be recorded and retained by the commission. 10 of 18
205205 175 (d) The procedures and remedies available to a reporting individual under this chapter
206206 176shall not preempt or supersede any legal procedures or remedies otherwise available to an
207207 177individual under local, state or federal law.
208208 178 Section 6. (a) The general counsel shall execute and supervise investigations under this
209209 179chapter.
210210 180 (b) If the commission determines that a reporting individual is a complainant as defined
211211 181by this chapter, the general counsel shall open an investigation into the complaint reported by the
212212 182complainant and notify the complainant and respondent in writing that an investigation has been
213213 183opened.
214214 184 (c) The commission shall issue rules and regulations to establish a process for a
215215 185respondent to appeal the determination that a reporting individual is a complainant under this
216216 186section. The process shall include notice and an opportunity for a hearing.
217217 187 (d) The general counsel may request the production, on a voluntary basis, of testimony or
218218 188documents from an individual, government agency or non-governmental entity. The general
219219 189counsel may require by summons the production of all records, reports, audits, reviews, papers,
220220 190books, documents, recommendations, correspondence and any other data and material relevant to
221221 191a matter under investigation pursuant to this chapter. The summons shall be served in the same
222222 192manner as a summons for the production of documents in civil cases issued on behalf of the
223223 193commonwealth and the law relative to the summons shall apply to a summons issued pursuant to
224224 194this chapter. A justice of the superior court department of the trial court of the commonwealth
225225 195may, upon application by the general counsel, issue an order to compel the production of records,
226226 196reports, audits, reviews, papers, books, documents, recommendations, correspondence and any 11 of 18
227227 197other data and material relevant to any matter under investigation pursuant to this chapter. A
228228 198failure to obey such an order may be punished by the court as contempt.
229229 199 (e) A summons issued pursuant to this section shall not be made public by the general
230230 200counsel or any officer or employee of the commission and any information provided pursuant to
231231 201this section shall not be made public until such time as it is necessary for the general counsel to
232232 202do so through the issuing of an investigative report. Disclosure of production, attendance or
233233 203testimony may be made to the members of the staff of the commission as is deemed necessary by
234234 204the general counsel.
235235 205 (f) An investigation may be closed when the general counsel determines a sufficient
236236 206amount of information has been collected to find that it is more likely than not that workplace
237237 207harassment occurred or to determine that a finding could not be made. An investigation under
238238 208this section shall be completed in not more than 6 months; provided, however, that the
239239 209commission may, upon a request by the general counsel, approve an extension of not more than 6
240240 210months.
241241 211 Section 7. (a) At the conclusion of an investigation, the general counsel shall compile and
242242 212submit a report on the findings of the investigation.
243243 213 (b) The report shall include, but shall not be limited to: (i) the position and department, if
244244 214applicable, of the complainant; (ii) the name, position and department, if applicable, of the
245245 215respondent; (iii) the time and location of the incident being investigated; (iv) a detailed
246246 216description of the incident; (v) resources provided to the complainant by the commission or other
247247 217governmental or non-governmental entities; and (vi) a finding that it is more likely than not that
248248 218harassment occurred or a statement that a finding could not be made. If after an investigation a 12 of 18
249249 219majority of the commission determines that it is more likely than not that harassment occurred,
250250 220the commission shall include in the report a recommendation for disciplinary action, including
251251 221but not limited to: in the case of a legislator, reprimand, censure, temporary or permanent
252252 222removal from committee chairmanship or other position of authority, suspension with or without
253253 223pay, or expulsion; in the case of an officer or employee of the general court, reprimand,
254254 224suspension or removal. Said report shall not prevent the senate or house of representatives from
255255 225taking any other action as it shall deem advisable and appropriate.
256256 226 (c) Prior to a report being released, the general counsel shall notify the complainant and
257257 227the respondent that the investigation has been closed and issue a copy of the investigative report
258258 228to the complainant and respondent for review. The commission shall issue rules and regulations
259259 229to establish a process for a complainant or respondent to appeal the release of an investigative
260260 230report before a report is released. The process shall include notice and an opportunity for a
261261 231hearing.
262262 232 (d) The general counsel shall submit a copy of the investigative report to all interested
263263 233parties including, but not limited to: (i) the complainant; (ii) the respondent; (iii) each member of
264264 234the commission; and (iv) the respondent’s employer, provided, however, that if the respondent is
265265 235a member of the legislature, the report will be sent to the committee on ethics in the chamber
266266 236where the respondent is a member. A copy of the report may be submitted to the attorney general
267267 237or the district attorney for the district in which the incident occurred with the complainant’s
268268 238written consent.
269269 239 Section 8. (a) Except as otherwise provided in this section, the proceedings and records of
270270 240the commission related to investigations shall be confidential and not subject to section 10 of 13 of 18
271271 241chapter 66. The commission shall establish procedures, applicable to members of the
272272 242commission, general counsel, and staff that ensure compliance with the confidentiality
273273 243requirements of this chapter.
274274 244 (b) If the subject matter of an investigation becomes public through independent sources,
275275 245the general counsel may issue a statement to confirm the pendency of the investigation or to
276276 246clarify the procedural aspects of the investigation.
277277 247 (c) Reports submitted to interested parties by the general counsel shall be confidential
278278 248and not subject to section 10 of chapter 66, including reports sent to individuals, members of the
279279 249commission and governmental and non-governmental entities. A party that receives a report
280280 250from the general counsel shall notify staff, if any, that the report is confidential and take steps to
281281 251ensure non-disclosure of the report.
282282 252 (d) Nothing in this chapter shall preclude or limit the right of a complainant, respondent
283283 253or witness to share personal information under federal, state or local law.
284284 254 Section 9. A person shall not discharge or cause to be discharged or otherwise discipline
285285 255or in any manner discriminate against or take any other retaliatory action against any employee,
286286 256client or other person for providing information to the commission, the general counsel or
287287 257commission staff, including filing a report or complaint with the commission or testifying in a
288288 258commission proceeding. A person who willfully violates this section shall be punished by a fine
289289 259of not more than $1,000 or by imprisonment for not more than 1 year, or both. A person who
290290 260takes such a prohibited action against an employee, client or other person may be liable to that
291291 261employee, client or other person for treble damages, costs and attorney’s fees. 14 of 18
292292 262 Section 10. The commission shall annually conduct a workplace harassment survey of all
293293 263employees and interns of the general court. The survey shall be administered electronically and
294294 264the identity of the survey takers shall be anonymous. The survey shall include a definitions
295295 265section that shall include but shall not be limited to the definitions of identity-based harassment,
296296 266sexual harassment and sexual assault under this chapter. The survey shall include a demographic
297297 267section that shall include the age, sex, gender identity, race, ethnicity, sexual orientation,
298298 268religious affiliation, level of education and relationship status of the survey taker. The survey
299299 269shall include a questions section that shall include, but shall not be limited to the following
300300 270questions: (i) “Have you experienced or witnessed some form of workplace harassment or
301301 271assault-related behaviors in the past 12 months?”; (ii) “If you have experienced or witnessed
302302 272some form of workplace harassment or assault-related behaviors, what was the primary basis for
303303 273the specific behavior or set of experiences?”; (iii) “If you have experienced or witnessed some
304304 274form of workplace harassment or assault-related behaviors, when and where did the specific
305305 275behavior or set of experiences occur?”; (iv) “If you have experienced or witnessed some form of
306306 276workplace harassment or assault-related behaviors, how often and for how long did the specific
307307 277behavior or set of experiences persist?”; (v) “If you have experienced or witnessed some form of
308308 278workplace harassment or assault-related behaviors, who was involved in the specific behavior or
309309 279set of experiences?”; (vi) “If you have experienced or witnessed some form of workplace
310310 280harassment or assault-related behaviors, what was the job title of the person or persons involved
311311 281in the specific behavior or set of experiences?”; (vii) “If you have experienced or witnessed some
312312 282form of workplace harassment or assault-related behaviors, did your work role require you to
313313 283continue to interact with the person or persons involved?”; (viii) “If you have experienced or
314314 284witnessed some form of workplace harassment or assault-related behaviors, did you discuss the 15 of 18
315315 285specific behavior or set of experiences with anyone at work?”; (ix) “If you have experienced or
316316 286witnessed some form of workplace harassment or assault-related behaviors, did you make a
317317 287complaint or report in response to the specific behavior or set of experiences?”; (x) “If you have
318318 288made a complaint or report, what happened as a result of it?”; (xi) “If you have experienced or
319319 289witnessed some form of workplace harassment or assault-related behaviors and did not make a
320320 290complaint or report, what were the reasons for not doing so?”; (xii) “If you have experienced or
321321 291witnessed some form of workplace harassment or assault-related behaviors, what effect did the
322322 292specific behavior or set of experiences have on your interpersonal relationships, physical or
323323 293emotional well-being, job performance or willingness to remain a part of the legislature?”; (xiii)
324324 294“If you have experienced or witnessed some form of workplace harassment or assault-related
325325 295behaviors, what resources did you use to make a complaint or report or receive additional
326326 296information about workplace harassment, if any?”; (xiv) “If you experience or witness workplace
327327 297harassment or assault-related behaviors, will you make a complaint or report?”; and (xv) “If you
328328 298would not make a complaint or report after experiencing or witnessing workplace harassment or
329329 299assault behaviors, is it due to a fear of retaliatory action?”.
330330 300 Section 11. The commission shall annually compile a report that shall include, but shall
331331 301not be limited to: (i) the number of incidents of workplace harassment and assault reported to the
332332 302commission, classified and analyzed by the type of incident, the demographics of reporting
333333 303individuals and the percentage of reports that led to investigations; (ii) the number of
334334 304investigations opened by the general counsel, classified by respondent job title; (iii) the number
335335 305of investigative reports issued by the commission, classified by the type of incident, the
336336 306demographics of complainants and the demographics of respondents; (iv) the results of the
337337 307workplace harassment survey conducted pursuant to section 10 as raw data and synthesized to 16 of 18
338338 308identify and describe correlations and overarching trends; (vi) recommended changes to the
339339 309model workplace harassment policies established by the commission, if any; and (vii) any other
340340 310information that may assist the legislature in preventing and effectively responding to incidents
341341 311of workplace harassment. The commission shall file the annual report with the senate president,
342342 312the speaker of the house of representatives, the clerks of the senate and house of representatives
343343 313and the chairs of the joint committee on rules not later than September 15.
344344 314 Section 12. The commission shall promulgate the rules and regulations and perform the
345345 315functions that are necessary for the administration, implementation and enforcement of this
346346 316chapter.
347347 317 SECTION 2. Notwithstanding subsection (b) of section 2 of chapter 23N of the General
348348 318Laws, the initial appointments to the commission on workplace harassment and sexual assault in
349349 319the legislature made by the governor, senate president and senate minority leader shall serve for a
350350 320term of 3 years, the initial appointments made by the speaker of the house of representatives and
351351 321the house minority leader and 1 of the initial appointments made by the attorney general shall
352352 322serve for a term of 2 years and the initial appointments made by the auditor and 1 of the initial
353353 323appointments made by the attorney general shall serve for a term of 1 year.
354354 324 SECTION 3. (a) The commission on workplace harassment and sexual assault in the
355355 325legislature established by chapter 23N shall, in consultation with the Massachusetts Commission
356356 326Against Discrimination, research and develop model workplace harassment policies for
357357 327consideration and use by the senate and house of representatives. In developing the model
358358 328policies, the commission may request and receive information and testimony from experts in
359359 329relevant fields including, but not limited to, workplace harassment, sexual assault, personnel 17 of 18
360360 330policies and human resources management. The model workplace harassment policies shall
361361 331include, at a minimum: (i) a statement of the illegality of workplace harassment; (ii) a definition
362362 332of identity-based harassment, sexual harassment and sexual assault; (iii) descriptions of conduct
363363 333constituting identity-based harassment, sexual harassment and sexual assault, including
364364 334examples; (iv) resources available to reporting individuals including, but not limited to, contact
365365 335information for the commission, the Massachusetts Commission Against Discrimination and the
366366 336federal Equal Employment Opportunity Commission; and (v) protection against retaliatory
367367 337action. The commission shall submit the model workplace harassment policies, including
368368 338specific policy language, to the senate president, the speaker of the house of representatives, the
369369 339clerks of the senate and house of representatives, and the chairs of the joint committee on rules.
370370 340The senate and house of representatives may adopt the model policies submitted pursuant to this
371371 341section in whole or in part.
372372 342 (b) The commission shall research and develop a model workplace harassment training
373373 343program for consideration and use by the senate and house of representatives. In developing the
374374 344model training program, the commission may contract with third party vendors and request and
375375 345receive information and testimony from experts in relevant fields such as identity-based
376376 346harassment, sexual harassment, sexual assault, personnel policies and human resources
377377 347management. The model training program shall include, at a minimum: (i) a definition of
378378 348“effective interactive training”; (ii) a definition of “legislative employee”; (iii) a definition of
379379 349“unlawful conduct”, which shall include applicable federal and state statutory and case law
380380 350references and principles; (iv) minimum trainer qualifications; (v) minimum training frequency
381381 351and duration requirements; (vi) procedures for training completion documentation, including
382382 352minimum record retention requirements and procedures for individual tracking; and (vii) training 18 of 18
383383 353content requirements, including, but not limited to, types of conduct that constitute workplace
384384 354harassment, remedies available to reporting individuals, strategies to prevent workplace
385385 355harassment, practical examples of workplace harassment and hypothetical situations,
386386 356confidentiality of the reporting process and resources for reporting individuals.