Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 138.00 - Uniform Standards of Accounting Procedures and Internal Controls for Gaming › Section 138.72 - Policies and Procedures for Ensuring a Workplace Free from Unlawful Discrimination, Harassment and Retaliation

Current through Register 1525, July 5, 2024
(1) A
			 system of internal controls submitted by a gaming licensee in accordance with
			 205 CMR 138.02 shall include policies and procedures, or incorporate by
			 reference existing corporate policies, relative to ensuring a workplace free
			 from unlawful discrimination, harassment and retaliation. These policies and
			 procedures shall comply with all federal, state, and local laws relating to
			 unlawful discrimination, harassment, and retaliation, and shall include, at a
			 minimum:
(a) Specific written policies
			 prohibiting unlawful discrimination, harassment and retaliation in the
			 workforce, as well as a statement that the gaming licensee complies with all
			 applicable federal, state and local laws relating to unlawful discrimination,
			 harassment and retaliation. Without limiting any of the below, such policies
			 shall at a minimum incorporate all elements of the Massachusetts Commission
			 Against Discrimination (MCAD) Model Sexual Harassment Policy;
(b) Specific written procedures outlining how
			 concerns, allegations or claims regarding unlawful discrimination, harassment
			 and retaliation are to be reported, including multiple reporting options such
			 as reporting to: an employee's direct supervisor or another supervisor within
			 the organization; any member of the human resources staff; the general manager
			 or president of the property where the employee works; a reporting hotline;
			 and/or any member of the gaming licensee's legal department. The procedures
			 shall identify by name and/or title, address and telephone number at least two
			 individuals to whom concerns of discrimination, harassment or retaliation may
			 be reported; provided, further, that any employee with supervisory powers shall
			 report complaints, concerns or other matters arising or reported under these
			 policies and procedures to the representatives of the organization so
			 identified, and shall be trained on the obligation to ensure immediate and
			 appropriate corrective action in addressing harassment complaints. The licensee
			 shall ensure and shall inform employees that individuals of different genders
			 are available for reporting of complaints. The licensee's procedures may
			 suggest, but need not require, a specific reporting process;
(c) The identification of a specific position
			 at the property or corporate level (or both) that is responsible for overseeing
			 and enforcing the policies and procedures;
(d) A requirement that each employee receive
			 a copy of the policies and procedures as part of the gaming licensee's
			 onboarding process;
(e) A
			 requirement that training on unlawful discrimination, harassment and
			 retaliation be provided by the gaming licensee to all employees within 90 days
			 of the date of hire and every two years thereafter;
(f) A personal relationships policy that
			 identifies prohibited personal relationships as well as the disclosure
			 requirements for personal relationships;
(g) A statement in the policies and
			 procedures that all concerns, allegations or claims will be investigated
			 promptly and that all concerns, allegations or claims will be handled in a
			 confidential manner to the extent possible to ensure a thorough and complete
			 investigation of the concern, allegation or claim; and
(h) A listing of the federal and state
			 agencies located in the Commonwealth that enforce the unlawful discrimination,
			 harassment and retaliation laws, including names and addresses of each location
			 within the Commonwealth of the offices of such agencies.