Legal Question in Sexual Harassment in Massachusetts

Invitations

I am a woman in the car business so as you can imagine, myself and fellow female co-workers are subject to more verbal harrassment than would be tolerated in a non male dominated environment. All that said I was recently horrified by a memo that went out with our paychecks reiterating the dress code policy. At the end of the paragraph on women--name removed--shirts/blouses it stated: 'Any deviations from above policy are an invitation for unsavory comments which could lead to a form of harassment'

This sounds to me like the defense envoked by date rapists. Am I rightly offended by this? Isn't anyone responsible for their behavior?


Asked on 7/27/07, 3:27 pm

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Invitations

Under Massachusetts law, it is illegal to discriminate in the workplace based on a person's sex.

Sexual harassment and the creation of a sexually hostile workplace is discrimination, and your employer/boss can be held accountable.

There are certain time limits that may restrict your ability to bring a claim, so it is wise to speak with someone as soon as possible.

Furthermore, you really should avail yourself of whatever human resources or sexual harassment policy exists - sometimes a failure to reasonabely do so will bar a future claim.

Most important, start keeping a journal immediately. Make a note of what people have said and how they made you feel, people who may be able to act as witnesses, whether you were ever told about a sexual harassment policy, whether you ever used it and what happened. Keep a record of everything. It is very likely that this dress code is the 'icing on the cake'.

Read more
Answered on 7/30/07, 12:55 pm
Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Re: Invitations

Short answer. The company has crossed the line and that comment on the memo is discriminatory.

Read more
Answered on 7/27/07, 3:33 pm
David Conforto Conforto Law Group

Re: Invitations

Thank you for your inquiry. To give you some background about ourselves, Conforto Law Group is a boutique Boston law firm specializing in employment law and committed to the representation of employees.

Regarding your questions, in order to meet the legal definition of sexual harassment, the inappropriate conduct must be "severe" and "pervasive." Based on your description, coupled with the memorandum, it appears as though your situation squarely fits the legal definition of sexual harassment in Massachusetts.

Overall, I would say: (1) Yes, you are no doubt justified in being offended by this, (2) Under Massachusetts ant-discrimination law, your employer, as well as individual employees, can be held responsible for such unlawful conduct.

PS: Be sure to save that memo!

Read more
Answered on 7/27/07, 3:50 pm


Related Questions & Answers

More Sexual Harassment Law questions and answers in Massachusetts