FAQ: SEXUAL HARASSMENT

No, a harasser does not need to be a supervisor or co-worker. While harassers are often supervisors or co-workers, they can also be other people in the workplace. Harassers can be contractors, vendors, clients, and other people you may meet during your work.

In Massachusetts, a company is responsible for the conduct of a supervisor or manager, whether it knew or did not know of the harassing acts. This is because the company gave that supervisor or manager authority.

When an employer learns of harassing conduct by a co-worker, it must put a stop to it. If the employer knew or should have known of the harassing conduct and failed to prevent it or failed to take appropriate remedial action, an employer can be held responsible. An employer has an obligation to investigate and address sexual harassment issues in the workplace.

Sexual harassment can take place on video work calls at company outings, after-work events, or off-site meetings. There needs to be a sufficient link with the employment relationship or the workplace for conduct that takes place outside of the workplace to be unlawful sexual harassment. We can assist you if you have questions.

Methods of sexual harassment in the workplace can include inappropriate jokes, touching or crowding, hovering over your workspace, requests for sex, sending sexually explicit messages or memes by text or internal messaging such as Slack or Teams, displaying sexually suggestive pictures and objects, online or social media harassment, publishing private personal information, or sending frequent and unwanted gifts.

Sexual harassment can occur through private messaging or derogatory postings on social media by someone at work.  You have the right to be free from workplace sexual harassment through online or social media postings.  If you are being sexually harassed by someone at work, call us. We can help.

Quid pro quo, translated from Latin to mean “this for that”, refers to changes in your job environment that relate to requests or demands for sexual conduct. These changes can either be rewards or punishments. For example, you might be offered a promotion if you agree to carry out a sexual favor or engage in a sex act, or you may be denied a promotion because you refused to carry out a sexual favor. The changes can either be implied or expressed clearly. Quid pro quo harassment is illegal in the workplace.

Hostile work environment is a type of sexual harassment that involves conduct of a sexual nature with the purpose or effect of interfering with work performance by creating an intimidating or sexually offensive work environment.

If an employer learns of sexual harassment in the workplace, they should investigate and take remedial action. As attorneys, we guide employees who have been sexually harassed through the investigative process.   We also talk them through their options.  Investigations are an internal process, and employees who have been harassed in the workplace often have additional options. These include resolving their sexual harassment claims with their employer or filing a claim with the Massachusetts Commission Against Discrimination. If you have questions, we can help.

Many sexual harassment claims are resolved before a claim is filed. In fact, claims in Massachusetts must be filed first at the Massachusetts Commission against Discrimination (“MCAD”) or its federal counterpart, the EEOC (“Equal Employment Opportunity Commission”). If you have questions about resolving your sexual harassment claim before filing in court, we can help.

During your consultation, the attorney will listen to your experience to better understand the details of your situation. They will provide you with a comprehensive overview of your rights and the legal options available to you, including potential next steps. Our team will provide guidance on how to document your experiences and any relevant evidence, which can be crucial for building your case. This consultation is a confidential way for you to express your concerns, ask questions, and receive personalized advice tailored to your circumstances. Our attorneys have successfully represented many employees who have been subjected to sexual harassment in the workplace. Our commitment is to support you and help you navigate your options with confidence. Call today for your confidential consultation.