SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2716

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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SENATE, May 21, 2020.

The committee on Labor and Workforce Development to whom was referred the petition (accompanied by bill, Senate, No. 1065) of Sal N. DiDomenico, Michael O. Moore, James B. Eldridge and Cindy F. Friedman  for legislation relative to nondiscrimination, reports recommending that the accompanying bill (Senate, No. 2716) ought to pass.

For the committee,

Patricia D. Jehlen

        FILED ON: 2/4/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2716

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to nondiscrimination.

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. Chapter 6A of the General Laws is hereby amended by inserting after section 104 the following section:-

Section 105. Each executive department and agency shall develop, adhere to and update a plan to address the nondiscrimination provisions as set forth in chapter 199 of the acts of 2011. The plan shall apply to all personnel, including, but not limited to, volunteers and interns, agency line staff, managers, administrators, executives, contracted vendors and program staff (hereinafter “personnel”). The plan shall be updated at least biennially. Each plan shall include, but not be limited to: descriptions of and statements prohibiting discrimination as outlined in chapter 199 of the acts of 2011; procedures for collecting, maintaining and demographic data; clear procedures for all personnel and others to report discrimination or retaliation; a provision that reports of discrimination or retaliation may be made anonymously; provided, however, that no disciplinary action shall be taken against personnel solely on the basis of an anonymous report; clear procedures for promptly responding to and investigating reports of discrimination or retaliation; the range of disciplinary actions that may be taken against a perpetrator for discrimination or retaliation; provided, however, that the disciplinary actions shall balance the need for accountability with the need to teach appropriate language, behavior and cultural competence; strategies for protecting from retaliation a person who reports discrimination, provides information during an investigation of discrimination; a strategy for providing counseling or referral to appropriate services for perpetrators and victims of discrimination. Beyond protecting individuals from discrimination, the plan should clearly outline executive department and agency procedures for ensuring equal access to state services. The plan should detail a plan and timeline for personnel training on nondiscrimination and equal access under chapter 199 of the acts of 2011. The plan shall afford all individuals the same protection regardless of their status under the law.

SECTION 2. Each executive department and agency shall submit nondiscrimination plans, as outline in section 1, to the Clerks of the House and Senate, the Joint Committee on the Judiciary, the Joint Committee on State Administration and Regulatory Oversight, the Massachusetts Commission Against Discrimination, and Office of Diversity and Equal Opportunity no later than January 1, 2021.