Question

Is it enough to include my harassment policy in the employee handbook, or does Massachusetts require that it be distributed annually?

Answer

Yes. Massachusetts law Chapter 151B, § 3A(b) requires employers with six or more employees to adopt a written policy against sexual harassment. Employers must:

• Distribute the policy annually.
• Provide it to every new hire.
• Ensure employees have seen it and are aware of its existence.

Best practice: Have employees acknowledge receipt of the policy and keep it readily available at all times.

The Massachusetts Commission Against Discrimination (MCAD) provides a Model Sexual Harassment Policy template. MCAD also recommends creating a broader anti-harassment policy that covers all protected classes, including race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy or pregnancy condition, ancestry, veteran status, age (40+), disability, and military service.

Question

What about harassment prevention training—is that mandatory in Massachusetts?

Answer

Training is not legally required in Massachusetts, but the MCAD’s 2024 Guidelines on Harassment in the Workplace make it clear that it is strongly recommended.

The guidelines advise employers to:

• Regularly conduct anti-harassment training for all employees.
• Provide sexual harassment training within one year of hire.
• Ensure training makes clear that harassment based on any protected class is unlawful.
• Deliver additional training for supervisors/managers within one year of hire or promotion, focused on their responsibilities and corrective action steps.

Why it matters: Employers are vicariously liable for the conduct of supervisors, so proper training is both a compliance safeguard and a cultural best practice.

The bottom line

In Massachusetts, you must distribute your harassment policy every year. While training isn’t required by law, it is strongly recommended,  and a smart investment in both employee protection and organizational risk management. The guidelines state that the MCAD “strongly recommends that employers regularly conduct education and training programs on anti-harassment for all employees.

Additionally, M.G.L. c. 151B, § 3A(e) specifically encourages employers to provide training against sexual harassment, within one year of commencement of employment. Any training specific to sexual harassment should make clear that harassment based on other protected classes is also unlawful. Employers are further advised to conduct additional anti-harassment training for supervisory and managerial employees in M.G.L. c. 151B, § 3A(e) within one year of employment or promotion, which should address their specific responsibilities as well as the steps that such employees should take to ensure immediate and appropriate corrective action in addressing harassment complaints. This is significant because employers are vicariously liable for the conduct of their supervisors.”

How AIM HR Solutions Can Help

AIM HR Solutions provides:

• Harassment and Discrimination Awareness training (virtual or onsite) for employees and supervisors.
• Policy development and compliance reviews to ensure your handbook meets Massachusetts requirements.
• Supervisor and leadership training to strengthen prevention and response.
• And as always, members can call the HR Helpline support for quick compliance answers embers can reach the HR Helpline at 800.470.6277 or email helpline@aimnet.org.