Legal Question in Sexual Harassment in Massachusetts

Can Sexual Harassment turn into Racial Discrimination?

I recent filed a complaint of sexual harassment by my supervisor. I followed the written procedures of my company by complaining to my next highest supervisor, his boss, the company vp and finally the Director of HR over the course of 2 months. Nothing was ever done to stop the harassment, ie. my request for transfer was denied, bonus money was withheld, I was denied access to my company email, given a bad review and ultimately ''threatened'' that my work environment would be a living hell once I returned from leave. Unfortunately, it is not uncommon for complaints to be filed but general people are transfer or get so form of resolution. I sense that my treatment may be racially motivated as well as retaliatory. Can this be possible?


Asked on 3/12/03, 5:15 pm

3 Answers from Attorneys

Thomas Murphy Law Office of Thomas Murphy

Re: Can Sexual Harassment turn into Racial Discrimination?

Of course it's possible. If employees of a different race than you have been treated differently than you, i.e. their complaints were taken seriously, investigated, resolved, then that's race discrimination, in addition to the possible claims for sexual harassment and retaliation that you describe. You should file a charge with the Mass. Commission Against Discrimination, and make sure they clearly include all three claims in the charge.

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Answered on 3/12/03, 5:39 pm
Nance Lyons Law Office of Nance Lyons

Re: Can Sexual Harassment turn into Racial Discrimination?

Depending on the time of the harassment, you have 6 months or 300 days to file a cliam at the MA Comission against Discrimination-you should do so. Whether they find harrassment or not, you also have a claim for retaliation. Keep any evidence you can, take notes of all future actions, try to re-construct dates. If you need additional information or encouragement, contact me.

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Answered on 3/15/03, 2:54 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Can Sexual Harassment turn into Racial Discrimination?

Many cases involve a variety of types of discrimination. It is often difficult to

ascertain exactly what people's motiviations

are. In the context of a sexual harassment case, you may not need to prove whether your

employer's response was motivated by racial discrimination, retaliation or a combination of both. From what you describe, your employer's response to your complaint of sexual harassment was clearly inadequate.

My newsletter - Discrimination Law Report - contains useful information on essential steps for winning your sexual harassment and discrimination case. Let me know if you would like a free copy.

I have successfully prosecuted many law suits against employers involving allegations of sexual harassment, sex discrimination, racial discrimination and harassment and retaliation.

Please contact me if you would like to discuss your case.

617-566-3670

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Answered on 3/13/03, 12:27 pm


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