Section 170-10-II - Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Abuse" means: 1. Attempting to cause or causing bodily injury or offensive physical contact, including sexual assault;2. Attempting to place or placing another in fear of bodily injury through any course of conduct, including, but not limited to, threatening, harassing or tormenting behavior;3. Compelling a person by force, threat of force or intimidation to engage in conduct from which the person has a right or privilege to abstain or to abstain from conduct in which the person has a right to engage;4. Knowingly restricting substantially the movements of another person without that person's consent or other lawful authority by: a. Removing that person from that person's residence, place of business or school;b. Moving that person a substantial distance from the vicinity where that person was found; orc. Confining that person for a substantial period either in the place where the restriction commences or in a place to which that person has been moved; or5. Communicating to a person a threat to commit, or to cause to be committed, a crime of violence dangerous to human life against the person to whom the communication is made or another, and the natural and probable consequence of the threat, whether or not that consequence in fact occurs, is to place the person to whom the threat is communicated, or the person against whom the threat is made, in reasonable fear that the crime will be committed.B. "Assault" means intentionally, knowingly, or recklessly causing bodily injury or offensive contact to another.C. "Bureau" means the Bureau of Labor Standards, within the Department of Labor, which is assigned responsibility for the regulation and enforcement of the law and rules for the Department.D. "Compulsion" means the use of physical force, a threat to use physical force or a combination thereof that makes a person unable to physically repel the actor or produces in that person a reasonable fear that death, serious bodily injury or kidnapping might be imminently inflicted upon that person or another human being. "Compulsion" as defined in this paragraph places no duty upon the victim to resist the actor.E. "Crisis" means an environment or situation where there is a clear and immediate threat to the victim's physical or mental health.F. "Director" means the Director of the Bureau or Director's designee(s).G. "Domestic Violence" means abuse or assault by a family or household member.H. "Employer" means the corporation or entity that controls the employee's work assignments, including managers and supervisors with direct control of the affected employee.I. "Family or Household Member" means spouses or former spouses, individuals presently or formerly living together as spouses, natural parents of the same child, adult household members related by consanguinity or affinity, and individuals presently or formerly living together and individuals who are or were sexual partners.J. "Medical Treatment" means care necessitated by domestic violence, sexual assault, or stalking provided or prescribed by a licensed or certified medical professional, including psychiatric assistance or counseling.K. "Sexual Assault" means the following when the victim submits under compulsion: 1. Any act between two persons involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other;2. Any act between a person and an animal being used by another person which act involves direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other;3. Any act involving direct physical contact between the genitals or anus of one and an instrument or device manipulated by another person when that act is done for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact; or4. Any touching of the genitals or anus, directly or through clothing, other than as would constitute a sexual act, for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact. A sexual assault may have occurred without allegation or proof of penetration.
L. "Stalking" means repeatedly following the victim or being at or in the vicinity of the victim's home, school, business or place of employment without reasonable cause.M. "Undue hardship" means significant difficulty or expense considering the following factors: 1. The nature and cost of the action(s) requested or required to accommodate the victim;2. The overall financial resources of the employer and the effect of the action(s) requested or required on expenses and resources;3. The number of persons employed at the establishment and the effect of the requested or required action(s) on the staffing of the establishment;4. The safety and health of the employees, customers, and the public and the effect of the requested or required action(s) on meeting those safety and health requirements; and5. The assessment of undue hardship includes the fiscal, operational, and geographic relationship of other establishments owned or operated by the employer or by any parent corporation or entity of the employer.12- 170 C.M.R. ch. 10, § II