Legal Question in Sexual Harassment in Massachusetts

Re: Constant sex talk

Attorney Larrabee has given you a very good description of the law in MA. I would add that you should make sure to complain about this supervisor to the appropriate person detailed in your company's sexual harassment policy. If your company does not have a policy (or you are unaware of it) contact Human Resources. Your company cannot retaliate against you for complaining of sexual harassment. If they do, and you file a complaint with the Mass. Commissions Against Discrimination (MCAD) you can add a charge of retaliation to your complaint.

Re: Constant sex talk

You describe a very oppressive and offensive work environment that you need not tolerate.

Under Massachusetts law, sexual harassment includes "words or conduct of a sexual nature which have the purpose or effect of creating a hostile, intimidating, embarassing or offensive work environment." I have represented more than 30 men and women with sexual harassment claims, and many of them experienced circumstances similar to those you have described. Please contact me if you would like a free copy of my newsletter focused on sexual harassment cases. Because your case involves a manager, your employer would be "strictly liable" for any acts of sexual harassment that you can prove under Massachusetts law. This means that, to establish your case, you only need to prove that the harassment occurred, and you do not need to prove that your employer knew about and was negligent in correcting the problem.

Sexual harassment cases can be quite valuable because employees have a right under Massachusetts law to damages for lost wages, other economic losses, emotional distress, a reasonable attorney's fee and interest (12% per year from the date that the complaint is filed). In many cases, employees also can recover punitive damages, which can be up to 9 times the actual damages. It is important to take action on sexual harassment and other types of employment discrimination or retaliation promptly, because there is a short statute of limitations where employees must file the complaint with the MCAD or the EEOC within 300 days (about 10 months) of the last act of discrimination, and preferably sooner. In my experience, employees benefit from consulting with an experienced lawyer prior to filing such a complaint because the lawyer can ensure that the most effective possible complaint is filed. The form of the intitial complaint can make a big difference. Many lawyers, including myself, handle cases such as these on a contingency fee basis, such that employees do not have to pay the lawyer's fees in advance but only pay if the lawyer recovers funds either through litigation or settlement.

I wish you the best of luck in your pursuit of justice.