Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1. Subsection (e) of section 25 of chapter 151A of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
For the purposes of this paragraph, the term "sexual harassment" shall mean sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance; or (c) such advances, requests or conduct have the purpose or effect of creating an intimidating, hostile, humiliating or sexually offensive work environment. The division shall promulgate regulations necessary to carry out the provisions of this paragraph.
SECTION 2. Section 1 of chapter 151B of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out paragraph 18 and inserting in place thereof the following paragraph:-
18. The term "sexual harassment" shall mean sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.