Legal Question in Employment Law in Massachusetts
My manager ask me to have an affair with him and made promise to promote me
my manager askd me to have an affair with him and that he was going to promote me for a management position...i did and he told everybody that he was going to promote me but never... every time i ask him about the promotion, he always tells me that ''you are a manager alreally''and that he do not need to write that on a piece of paper or post it to let me know...he was having me doing some of the managers job....but up to this date he have not yet promoted me.. instead, he promoted the position to another male co-worker and told him to lie about it to me and other employees that he is not a manager. what should or can i do in this case to resolve the problem....because i feel that i was used and taken advantage of by my manager....i thought if i did not have sex with him, that he was going to fire me...so we had sex more 3 occassions...i tried to stop the sex but he is still constantly keep asking me for sexual favors
3 Answers from Attorneys
Re: My manager ask me to have an affair with him and made promise to promote me
The circumstances you describe amount to unlawful sexual harassment, for which you can file a claim at the Massachusetts Commission Against Discrimination. They will investigate and, if warranted, hold a public hearing to determine whether you are entitled to damages. You also have the right to have your case heard in a court by a jury, but you still must file first with the MCAD, and you must do that within 300 days of the most recent act of harassment.
Re: My manager ask me to have an affair with him and made promise to promote me
You describe the typical quid pro quo form of sex harassment. This law is enforced by the Mass Commission Against Discrimination. To start you must first file a charge of discrimination within 300 days. After doing so and waiting 90 days you can remove the case and obtain a jury trial in superior court. You can seek damages for lost wages (the difference between what you make and what you would have made if promoted to a manager. Also you can seek damages for emotional distress.
If you are interested in pursuing this matter further you are welcome to call my office for a consultation.
Howard Wilgoren
508 626 8600
Re: My manager ask me to have an affair with him and made promise to promote me
You have a cliam for sexual harassment. File complaint with management. If no response or unsatisfactory, file with Mass.Comm Against Discrimination within 300 days of last incident.