The Massachusetts Commission Against Discrimination (MCAD), has published its new Guidelines on Harassment in the Workplace. This comprehensive revision is the first in over twenty years and was approved on July 2, 2024 after extensive public input and collaboration.
There are a few pivotal changes to the guidelines, as follows:
Guidelines Protect Against Workplace Harassment Based on Discrimination, Not Just Sexual Harassment
The updated guidelines emphasize that employees are protected against harassment based on any legally protected class, not just sexual harassment. This includes, without limitation, harassment based on race, color, handicap, disability, age, religion, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy or a pregnancy related-related condition, ancestry, veteran status, military status and gender. This upholds the MCAD’s commitment to ensure that all employees, regardless of their protected status, are entitled to a workplace free from discrimination and harassment. The commission recognizes that any such harassment deprives employees of their rights and basic well-being in the workplace. Further, the guidelines cover both quid pro quo and hostile work environment harassment.
Removal of the Requirement to Prove that Quid Pro Quo Harassment was Unwelcome
The guidelines no longer require that employees who are experiencing “quid pro quo harassment” prove that it was unwelcome. Quid pro quo harassment may be established by showing that a benefit is offered as a quid pro quo for harassment.
Modern and Inclusive References and Language
The guidelines are tailored to the modern workplace. The language is inclusive and gender-neutral and there are updated references and analysis of case law, as well as sections that address issues impacting the modern workplace such as intersectional harassment and online harassment.
The Guidelines on Harassment in the Workplace and the MCAD Brief Guide to Anti-Harassment Law in the Workplace are available to access on the MCAD’s website. While not mandatory, the MCAD strongly recommends that employers adopt a comprehensive anti-harassment policy to address all forms of protected class harassment.
If you are experiencing any kind of harassment in the workplace, the lawyers at the Maura Greene Law Group can help you understand your rights and options.
Contact us at 617-936-1580 or email us at [email protected]
The Not So Fine Print:
Every case has its own unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here and this isn’t intended as legal advice. Keep in mind that it is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a full-blown crisis.