Cal. Civ. Code § 3A
Employers' policies against sexual harassment; preparation of model policy; education and training programs
Operative Text
Section 3A. (a) All employers, employment agencies and labor organizations shall promote a workplace free of sexual harassment. (b) Every employer shall: (1) adopt a policy against sexual harassment which shall include: (i) a statement that sexual harassment in the workplace is unlawful; (ii) a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment; (iii) a description and examples of sexual harassment; (iv) a statement of the range of consequences for employees who are found to have committed sexual harassment; (v) a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and (vi) the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies. (2) provide annually to all employees an individual written copy of the employer's policy against sexual harassment; provided, however, that a new employee shall be provided such a copy at the time of his employment. (c) The commission shall prepare and provide to employers subject to this section a model policy and poster consistent with federal and state statutes and regulations, which may be used by employers for the purposes of this section. (d) An employer's failure to provide the information required to be provided by this section shall not, in and of itself, result in the liability of said employer to any current or former employee or applicant in any action alleging sexual harassment. An employer's compliance with the notice requirements of this section shall not, in and of itself, protect the employer from liability for sexual harassment of any current or former employee or applicant. (e) Employers and labor organizations are encouraged to conduct an education and training program for new employees and members, within one year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year of commencement of employment or membership, which shall include at a minimum the information set forth in subsection (b), the specific responsibilities of supervisory and managerial employees and the methods that such employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers, labor organizations and appropriate state agencies are encouraged to cooperate in making such training available.
Massachusetts General Laws c. 151B § 3A requires all employers to maintain a written policy against sexual harassment that covers specific topics, including a statement that harassment is unlawful, examples of prohibited conduct, consequences for violations, internal complaint procedures, and contact information for state and federal enforcement agencies. Employers must distribute this policy to every employee annually and to new hires at the time of hire. Importantly, the law draws a two-way boundary: failing to distribute the policy does not automatically create liability, and distributing it does not automatically shield an employer from liability for actual harassment.
Plain English — not legal advice.
While Mass. Gen. Laws c. 151B § 3A is primarily an employment statute rather than a housing regulation, property owners and managers who employ staff—such as maintenance workers, leasing agents, or property managers—are subject to its requirements. A compliant employer operating under this provision maintains a written anti-harassment policy containing all six elements listed in the statute, distributes it to every employee each year, and provides it to new hires on their first day. The Massachusetts Commission Against Discrimination (MCAD) makes a model policy and poster available that employers may use to satisfy the content requirements of § 3A.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 151B § 3A is an employment law provision, so its protections apply to individuals in their capacity as employees rather than as renters. If you work for a housing-related employer—such as a property management company—and believe your employer has failed to meet the policy or distribution requirements of § 3A, you may raise that failure in the context of a broader harassment complaint filed with the Massachusetts Commission Against Discrimination (MCAD) or the federal Equal Employment Opportunity Commission (EEOC). Tenant-rights organizations and legal aid offices can help clarify whether this provision intersects with any housing-related employment situation you may be navigating.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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