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#Massachusetts Commission Against Discrimination (MCAD)

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Sexual Harassment in the Workplace Guidelines

1. INTRODUCTION 1

Massachusetts Law prohibits sex discrimination in the workplace. 2 Sexual harassment is a form of sex discrimination. Sexual harassment is also prohibited in places of public accommodation, 3 educational facilities 4 and housing. 5 These guidelines address sexual harassment in the workplace only.

The standards governing the prohibition of sex discrimination and sexual harassment in the workplace are set forth in Massachusetts General Laws chapter 151B ("chapter 151B"). The Massachusetts Commission Against Discrimination ("MCAD" or the "Commission") issues these guidelines to assist employers, employees, attorneys and the general public in understanding what constitutes sexual harassment, as well as to explain what employees and employers should do to prevent, stop and appropriately respond to sexual harassment. In addition, these guidelines discuss the circumstances under which employers 6 and individuals may be held liable for sexual harassment in the workplace.

2. SEXUAL HARASSMENT

There are two types of sexual harassment: "quid pro quo" harassment and "hostile work environment" harassment. They may occur independently or concurrently.