What are my rights against workplace harassment in Massachusetts?

1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), set the federal floor for hostile-environment claims.

2. State Statute & Agency. Mass. Gen. Laws c. 151B is the principal anti-discrimination statute, enforced by the Massachusetts Commission Against Discrimination (MCAD). Chapter 151B applies to employers with 6 or more employees (c. 151B § 1(5)).

3. Standard for Hostile Work Environment. Massachusetts applies the "severe or pervasive" standard, as refined in College-Town v. MCAD, 400 Mass. 156 (1987), and Cuddyer v. Stop & Shop Supermarket Co., 434 Mass. 521 (2001).

4. Protected Categories. Race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age (40+), disability, military service, and pregnancy/related conditions.

5. Quid Pro Quo vs Hostile Environment. Both recognized. Massachusetts follows Faragher/Ellerth on supervisor liability.

6. Employer Liability. Under c. 151B § 4(16A), employers are strictly liable for supervisor sexual harassment regardless of whether tangible action occurred (College-Town; Modern Continental Constr. Co. v. MCAD, 445 Mass. 96 (2005)).

7. Mandatory Training. Mass. Gen. Laws c. 151B § 3A requires employers to adopt a written sexual-harassment policy and distribute it annually. Training is "encouraged" but not mandated statewide.

8. Filing Deadline. EEOC: 300 days. MCAD: 300 days (c. 151B § 5). After 90 days at MCAD, claimant may remove to Superior Court; court action must be filed within 3 years of harassment (c. 151B § 9).

9. NDA Restrictions. Massachusetts has not enacted a broad statewide NDA ban, though c. 149 § 24L (limited noncompete reform) and the federal Speak Out Act (2022) restrict some pre-dispute NDAs covering sexual harassment.

This is legal information, not legal advice.