The Massachusetts Commission Against Discrimination published its “Sexual Harassment in the Workplace Guidelines” in October of 2002. They are reproduced here for your convenience in researching Massachusetts sexual harassment law. The law may have changed and some issues can be tricky or situation-specific. If you have a question about how the law applies to you, gives us a call.
The Massachusetts Supreme Judicial Court recently ruled in Modern Continental / Obayashi v. Massachusetts Commission Against Discrimination, et al. that a general contractor was not liable to an employee who was sexually harassed by a non-employee. However, the Court held that an employer can be liable for sexual harassment when harassment is perpetrated by a non-employee if the employer does not take reasonable steps to remedy the situation. Although the MCAD had determined that the contractor had not done enough to combat sexual harassment, the SJC disagreed.
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