Boston Sexual Harassment Lawyer
Rudolph Friedmann LLP provides comprehensive guidance to both employees and employers facing challenges related to workplace sexual harassment. Sexual harassment in the workplace, a form of sex discrimination, is expressly prohibited by federal laws, including Title VII and under various Massachusetts statutes, notably Massachusetts General Law Chapter 151B. This encompasses a broad spectrum of unwelcome behaviors, such as sexual advances or inappropriate conduct, which are expressly forbidden in professional settings.
Under both federal and state regulations, sexual harassment takes on two primary forms:
Quid pro quo harassment: when conduct of a sexual nature is directly linked to the grant or denial of an employment benefit. An employee, for instance, must demonstrate that submission or rejection of such conduct serves as the basis for an adverse employment decision. This may manifest in scenarios like termination or demotion following the rejection of a supervisor’s advances.
Hostile work environment: when unwelcome conduct, whether a single egregious act or a pervasive pattern, significantly alters the employee’s conditions of employment. Notably, not all harassing conduct needs to be overtly sexual or gender based. Instances such as a supervisor or coworker repeatedly making unwelcome sexual comments or displaying sexually inappropriate content may, in certain circumstances, contribute to creating a hostile work environment.
In Massachusetts, for a successful claim of sexual harassment in the workplace, an employee must establish liability. If the offending conduct is committed by a supervisor, the employer may be vicariously liable for the supervisor’s actions. If the offending conduct is committed by another employee in a similar role as the victim, the victim generally must demonstrate that the employer was aware or should have been aware of the offensive behavior and failed to stop it and to take proper remedial action.
What Qualifies as Sexual Harassment?
Sexual harassment encompasses unwelcome behavior, such as inappropriate physical advances and remarks of a sexual nature, occurring in the workplace or public social settings. This type of misconduct can manifest in various forms from employers, coworkers or clients. The following is a breakdown of some of the key behaviors associated with sexual harassment:
- Inappropriate sexual advances
- Verbal or physical behaviors of a sexual nature
- Acts of sexual assault
- Quid pro quo scenarios
Recognized as a form of sex discrimination under Title VII of the Civil Rights Act of 1964, sexual harassment laws set a fundamental standard for conduct applicable nationwide. Massachusetts has additional laws to reinforce protections for workers in the state.
Federal statutes under Title VII govern employers with 15 or more employees, while most state and local laws apply to employers with 15 or fewer employees. Understanding these distinctions is crucial for upholding workplace standards and ensuring the well-being of all individuals involved.
Sexual Harassment in Boston
Massachusetts General Law Chapter 151B outlines the obligations of employers in addressing sexual harassment, establishing protections for victims of all genders and sexual orientations.
In compliance with Chapter 151B within the legal framework for sexual harassment in Boston, employers, employment agencies, and labor organizations must establish a harassment-free workplace. Employers are mandated to adopt a clear policy against sexual harassment, including statements on its unlawfulness, non-retaliation clauses, and details on consequences for offenders. This policy should also outline a straightforward process for filing internal complaints, along with contact information for relevant enforcement agencies. Massachusetts law requires employers with six or more employees to adopt a written policy against sexual harassment. The policy must include notice to employees that sexual harassment in the workplace is unlawful and that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment.
Employers are strongly urged to conduct educational programs for new employees and specialized training for supervisory staff, all geared toward addressing and preventing sexual harassment. Collaborative efforts among employers, labor organizations, and state agencies are encouraged for effective training implementation and the promotion of a safer work environment.
Statute of Limitations for Sexual Harassment Claims
In Massachusetts, discrimination charges must be submitted to the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the last occurrence of sexual harassment. This timeframe begins when the victim becomes aware or should reasonably be aware of the harassment. Adhering to this rule diligently is crucial to preserving the right to file a claim for sexual harassment.
While some individuals may opt to resolve their cases in court for various reasons, the law in Massachusetts mandates that the case must initially be submitted to the MCAD within 300 days of the last incident of harassment. After filing with the MCAD, the victim has the option to transfer the case from the MCAD and to file a lawsuit in either state or federal court.
Contact Our Boston Sexual Harassment Attorneys
If you are an employee or employer grappling with the challenges of sexual harassment, contact Rudolph Friedmann LLP today. Our experienced team of Boston sexual harassment lawyers provides expert advice and representation, ensuring your rights are protected.
To speak with an experienced sexual harassment attorney call Managing Partner Jim Rudolph at 617.723.7700 or contact us online.