Massachusetts law forbids sexual harassment in the workplace. Sexual harassment is either “Quid pro quo” sexual harassment or hostile environment sexual harassment. Quid pro quo is a Latin term that means “this for that.” This type of sexual harassment occurs when an employer or manager gives a promotion or demotion or otherwise changes the terms of employment based upon the giving of sexual favors (or the refusal of sexual advances). An example of Quid pro quo sexual harassment is where a manager tells an employee that the employee will get a promotion if she sleeps with the manager on a company trip.
The second kind of sexual harassment is a hostile environment. Hostile work environment sexual harassment occurs when an employee is subjected to conduct of a sexual nature that was unwelcome and had the purpose or effect of creating an intimidating, hostile, humiliating, or sexually offensive work environment. The type of conduct that can create a hostile work environment may include (1) inappropriate touching; (2)sexual jokes, gossip, sexual conduct or comments; (3) requests for sex; (4) displaying sexually suggestive pictures and/or objects; or sexual gestures.
In Massachusetts, employers are strictly liable for the conduct of supervisors. This means that the company is responsible for the sexually harassing conduct of a supervisor, whether the company knew or did not know of the supervisor’s actions. The courts and the Massachusetts Commission Against Discrimination will hold a company responsible for the actions of its supervisors because the company gave that individual authority, and the supervisor is considered an agent of the company. Keep in mind that there is such a thing as same sex sexual harassment: the harasser and the victim of harassment may be of the same gender.
If you have any questions about sexual harassment in a Massachusetts workplace, please contact attorney Maura Greene. Call 617-936-1580 or email [email protected]. Greene brings exceptional credentials and recognition to employment law. She holds the prestigious AV rating from Martindale-Hubbell—the highest distinction available to individual attorneys, reflecting superior legal ability and ethical standards. Since 2013, she has earned consistent selection to the Super Lawyers list, recognizing her as among the top employment attorneys in Massachusetts.
The Not-So-Fine Print:
Every case has its unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here, and this isn’t intended as legal advice. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis.