Key Elements in Harassment

Prevention Training

Compiled by Rebecca Shuster, Director of Training, MCAD

Note: Massachusetts General Law Chapter 15 1B 93a includes language “strongly

encouraging” sexual harassment prevention training within one year of employment for all new employees, and for all individuals promoted into supervisory or managerial positions. In addition, this section of the statute requires employers to adopt a policy against sexual harassment with particular components, and to provide a copy of the policy to new employees upon hire and annually to all employees. A model policy is provided on the MCAD website (http://www.state.ma.us/mcad/harassment.html). 

For All Employees

These are key elements to cover in workplace discriminatory harassment prevention

training for employees at all levels.

1.         Employer’s policy regarding maintaining a harassment-free work environment for all protected groups under Mass. General Law Chapter 151B (and federal laws), including age, ancestry, color, disability, gender/sex, genetics, military personnel and veterans, national origin, race, religion, retaliation, and sexual orientation

            a.         Contents in detail

            b.         Why/how the policy may be more stringent than the law (e.g. “zero tolerance”)

            c.         Available internal resources, including who to contact with informal concerns or formal complaints

            d.         External resources, including available state and federal remedies

2.         Employer’s policy of no retaliation against anyone who raises an informal concern or files a formal complaint regarding discriminatory harassment, or serves as a witness to such a complaint or concern

3.         Examples of conduct that could lead to:

            a.         Quid pro quo sexual harassment

            b.         Hostile environment sexual harassment

            c.         Other forms of hostile environment harassment

            d.         Workplace bullying (not discriminatory harassment)            

4.         Elements of a hostile environment, including:

            a.         Related to membership in protected group

            b.         Welcomeness (subjective)

            c.         Frequency, severity, and unreasonable interference with work performance according to “reasonable person” standard

5.         Employees’ rights and responsibilities

            a.         Who is protected from discriminatory harassment

            b.         Who can perpetrate discriminatory harassment

            c.         Harassment can be male to female or male, or female to male or female

            d.         Where harassment can occur (definition of “the workplace,” including off-premises behavior)

            e.         If the employer is a public accommodation, groups protected from harassment under Mass. General Law Chapter 272

            f.         How to monitor own behavior

            g.         The responsibility to voice concerns

            h.         How to report inappropriate behavior to manager or Harassment Officer

            i.         How to cooperate with any investigation

            j.         Cautions and/or employer policy regarding workplace romance       

For Managers and Supervisors

In addition to the key elements described above, managers and supervisors should be

trained in the following concepts and skills.

1.         Managers’ responsibilities to prevent and respond to possible discriminatory harassment, including how to:

            a.         Monitor own behavior

            b.         Monitor others’ behavior

            c.         Recognize what constitutes notice of an informal or formal concern regarding discriminatory harassment

            d.         Counsel individuals who behave inappropriately and take any needed action to stop inappropriate behavior 

            e.         Promptly report any potential policy violations to human resources manager or civil rights officer

            f.         Implement and document any disciplinary or other actions

            g.         Monitor service to the public (if the employer is a public accommodation)

            h.         Prevent both retaliation and defamation during and after a discrimination complaint is filed internally or externally

2.         Individual and employer liability for harassment