In 1996, Massachusetts General Laws c.151B (“Chapter 151B”) was
amended to require employers to distribute written sexual harassment
policies (with specific required provisions) to all new employees and to
every employee on at least an annual basis. That
law also encourages employers to provide sexual harassment training to all of their employees on a regular basis. Unfortunately,
many
employers still fail to take those steps, exposing themselves to legal
liability and the prospect of substantial damages awards, including back wages for terminated employees, emotional distress, punitive damages and attorneys’ fees.
Moreover,
many employees are not aware that they can be held individually liable for engaging in or aiding and abetting sexual harassment. In
one recent case, Martin v. Irwin Industrial Tool Company, et al., No.
12-30048-KPN (D. Mass. May 3, 2012), the U.S. District Court for the
District of Massachusetts held that rank-and-file employees (i.e., not
only supervisors and managers) may be liable for harassment and
retaliation under Chapter 151B.
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