Legal Question in Sexual Harassment in Massachusetts
Hostile Workplace Definition
My question is simply: Is there any legal protection for a person experiencing insults, obsenity, ridicule, and intimidation on the job by a supervisor if there is not a sexual componant to these problems? Is this not a "hostile workplace?" Please help, I'm getting desperate. Thanks.
1 Answer from Attorneys
Verbal sexual harassment
Generally speaking there are two types of harassment: quid pro quo (do something to get something) or hostile environment(e.g., provocative pinups in lockerroom). You appear to be describing the latter. So, the answer to your question is, Yes, protection exists. There is a caveat, however. These cases are fact intensive. Lots of questions have to be asked of you and you have to supply many answers before any attorney will be able to give you definitive help. The questions will include some such as the following: Are you the only person who is insulted, ridiculed, intimidated or perceives or hears the obscenities? What forms do these take? Are there witnesses? How long ago did these behaviors begin? Are they the behaviors of one person or of more than one person? Is the person a supervisor, a member of the opposite or same sex? older, younger? How large/small a company? What dept? Other than your ears and your sensibilities, what harm was suffered by you? What damages did you incur?