Massachusetts Lawyer Blog

Sexual harassment (or discrimination) in Massachusetts workplaces can take many forms creating liability for both individuals and companies. Earlier today, I talked with a good friend about his first day in a new job. Day one consisted of him filling out the usual forms, making introductions, and watching a video on sexual harassment in the workplace. He summed up his new company's sexual discrimination policy as, “don’t look, don’t touch.” While that may be a good message to absorb on day one, as a manager who could subject both his company and himself to liability under sexual harassment law, it may be helpful to know a bit more about it.

Formal workplace sexual harassment standards are set forth in Massachusetts General Laws, Chapter 151B. Additionally, the Massachusetts Commission Against Discrimination (MCAD) issues guidelines regarding sexual harassment and what employees and employers should do to prevent, stop and respond to sexual harassment complaints. Two nonexclusive types of sexual harassment are known as: "quid pro quo" and "hostile work environment" harassment.

Quid pro quo harassment involves “sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when … 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.”

Hostile Work Environment harassment includes “sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when … 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.”

Examples offered by MCAD of each type are:

quid pro quo harassment: termination; demotion; denial of promotion; transfer; alteration of duties, hours or compensation; or unjustified performance reviews.

hostile work environment: inappropriate touching; sexual epithets, jokes, gossip, sexual conduct or comments; requests for sex; displaying sexually suggestive pictures and objects; and leering, whistling, or sexual gestures.

While sexual harassment jokes may be funny in movies or sitcoms, discrimination can be devastating for someone suffering it in their employment. If you are the target of or subject to sexual harassment at the workplace then you need to act to preserve your rights in Massachusetts. While Massachusetts law did require claims to be filed within six months, changes in the law have extended the filing deadline to 300 days. Of course, laws and deadlines can change. Massachusetts discrimination and employment law has many nuances best navigated by a lawyer who takes the time to hear your case, identifies the applicable law, and knows how to protect your rights. Whether you work on the South Shore, are appearing in Boston before the MCAD, or have a claim best suited for Superior Court, don’t proceed without knowing your rights and how to protect them.