Purpose

This policy states ABAS's prohibition of sexual harassment, explains what sexual harassment is, and tells every member of the workforce how to report it and what ABAS will do in response. Massachusetts law requires every employer with six or more employees to adopt a written sexual harassment policy and to provide it to each employee at the time of hire and annually thereafter. This policy meets that requirement and reflects ABAS's commitment to a workplace free of harassment for the workforce and clients alike. [MA 151B s.3A]

Scope

This policy applies to all ABAS employees, interns, and supervisors, and it governs the conduct of anyone present in the ABAS workplace, including coworkers, supervisors, clients and their families, vendors, and visitors. It applies at ABAS worksites, at client and community service locations, and at ABAS-sponsored events, and to work-related conduct carried out through telephone, email, text, or social media. Independent contractors and consultants are expected to adhere where their contract requires. No member of the workforce, regardless of position or seniority, is exempt from this policy.

Definitions

Policy Statement

5.1 Sexual Harassment Is Unlawful and Prohibited

Sexual harassment in the workplace is unlawful under Massachusetts law (M.G.L. c. 151B) and federal law (Title VII of the Civil Rights Act of 1964). It is also unlawful to retaliate against a person for filing a complaint of sexual harassment or for cooperating in an investigation. ABAS prohibits sexual harassment by or against any employee, intern, supervisor, client, family member, vendor, or visitor, and treats it as a serious violation of this policy. Because sexual harassment in service delivery can also harm the clients ABAS serves, this policy applies to conduct toward clients and families as well as among the workforce.

5.2 What Sexual Harassment Is

Sexual harassment takes two general forms, both prohibited. The first is quid pro quo harassment, in which submission to or rejection of sexual conduct is made a term or condition of employment or the basis of an employment decision. The second is a hostile work environment, in which unwelcome conduct of a sexual nature is severe or pervasive enough that a reasonable person would find the workplace intimidating, hostile, or offensive. Harassment may occur between any individuals regardless of gender, and the harasser and the person harassed may be of the same or different genders.

5.3 Examples

The following are examples of conduct that may constitute sexual harassment. This list is illustrative, not exhaustive:

1. Unwelcome sexual advances, propositions, or requests for sexual favors.
2. Sexual comments, jokes, slurs, innuendo, or questions about a person's sex life.
3. Unwanted physical contact such as touching, hugging, patting, or brushing against a person.
4. Leering, sexually suggestive gestures, or staring at a person's body.
5. Displaying, sending, or sharing sexually suggestive images, objects, messages, emails, texts, or social media content.
6. Comments about a person's body, appearance, or clothing of a sexual nature.
7. Spreading sexual rumors or rating a person's body or attractiveness.

5.4 Range of Consequences

An employee, intern, or supervisor who is found to have committed sexual harassment is subject to discipline. Depending on the severity, frequency, and circumstances of the conduct, consequences may include verbal warning, written warning, mandatory training or counseling, reassignment or transfer, demotion, suspension, or termination of employment. Severe conduct may result in immediate termination without prior warning. A supervisor or manager who knew of harassing conduct and failed to report or act on it is also subject to discipline. Harassment by a client, family member, vendor, or visitor will be addressed through appropriate measures up to and including ending the service or business relationship.

5.5 Retaliation Is Prohibited

ABAS prohibits retaliation against any person who, in good faith, reports sexual harassment, assists another person in reporting, or participates in an investigation, whether or not the complaint is ultimately substantiated. Retaliation is itself a violation of this policy and results in disciplinary action up to and including termination. A person who believes they have experienced retaliation should report it through the channels in this policy.

5.6 Supervisor and Management Responsibilities

Every supervisor and manager is responsible for maintaining a workplace free of sexual harassment. A supervisor or manager who observes sexual harassment, or who receives a report of it, must promptly notify the Executive Director (or, if the report concerns the Executive Director, must follow the alternate path in the complaint procedure) so that ABAS can respond. Supervisors must not attempt to resolve a complaint informally in a way that discourages reporting or delays investigation.

5.7 Right to File With State and Federal Agencies

Using ABAS's internal complaint procedure does not prevent a person from filing a formal complaint with a state or federal agency, and does not waive any legal right. A person who believes they have been subjected to sexual harassment may file a complaint with the Massachusetts Commission Against Discrimination (MCAD) or the United States Equal Employment Opportunity Commission (EEOC). A complaint generally must be filed with MCAD within 300 days of the alleged conduct, and with the EEOC within 300 days of the alleged conduct. ABAS verifies the agency contact information below at each annual redistribution of this policy.

Massachusetts Commission Against Discrimination (MCAD)

• Springfield Office: 436 Dwight Street, Room 220, Springfield, MA 01103. Telephone: (413) 739-2145.
• Boston Office: One Ashburton Place, Room 601, Boston, MA 02108. Telephone: (617) 994-6000.

U.S. Equal Employment Opportunity Commission (EEOC)

• Boston Area Office: John F. Kennedy Federal Building, 15 New Sudbury Street, Room 475, Boston, MA 02203. Telephone: (800) 669-4000. TTY: (800) 669-6820.

5.8 Distribution and Acknowledgment

ABAS provides this policy to every new employee at the time of hire and to all employees annually thereafter. Each employee signs an acknowledgment of receipt, which ABAS retains in the personnel file. Providing or signing this policy does not create an employment contract and does not alter the at-will employment relationship.

Procedures

Responsibilities

Internal Complaint Procedure

1. A person who experiences or witnesses sexual harassment should report it promptly to their direct supervisor. If the conduct involves the supervisor, the person should report to the Executive Director, Jessica Chmyzinski (jessica@abaswma.org). If the conduct involves the Executive Director, the person may report through the ABAS anonymous reporting form (https://anonymous.abaswma.com/), which is routed and handled under POL-003.
2. A report should include the names of the people involved, any witnesses, and a description of what happened and when. A report may be made verbally or in writing; ABAS will document a verbal report.
3. ABAS investigates every complaint promptly, thoroughly, and impartially. Confidentiality is maintained to the extent practical, consistent with a fair investigation. Information is shared only with those who need it to investigate and respond.
4. ABAS takes interim measures where needed to prevent further harassment during an investigation, such as adjusting schedules or assignments, without penalizing the complainant.
5. At the conclusion of the investigation, ABAS determines whether the complaint is substantiated, takes corrective action where warranted under Section 5.4, and informs the complainant that the matter has been addressed, to the extent appropriate.
6. The complaint, investigation, findings, and corrective action are documented and retained consistent with POL-003 and ABAS personnel-record practices.

Training Requirements

All ABAS employees receive this policy and are trained on it during onboarding and at least annually thereafter. Training covers what sexual harassment is, how to recognize it, how to report it, and the protection against retaliation. Supervisors and managers receive additional guidance on how to receive a complaint, how to protect reporters from retaliation, and their obligation to escalate. The Compliance Officer, working with the individual responsible for Human Resources functions, tracks completion of training and the annual policy acknowledgment and reports completion to the Compliance Committee.

Reporting and Enforcement

A person who experiences or witnesses sexual harassment should report it to their direct supervisor, to the Executive Director, or through the ABAS anonymous reporting form (https://anonymous.abaswma.com/), following the complaint procedure in this policy. Reports involving a compliance dimension are logged and handled under POL-003 (Compliance Reporting, Investigation, and Resolution). In addition to internal reporting, a person retains the right to file a complaint with the MCAD or the EEOC as described in Section 5.7. ABAS does not retaliate against anyone who reports sexual harassment in good faith or participates in an investigation. A substantiated violation results in corrective action up to and including termination, as set out in Section 5.4. This policy supports the respectful-workplace standard in the ABAS Code of Conduct (COC-001, Section 5.10).