Legal Question in Sexual Harassment in Massachusetts
When do jokes, comments and conversations become harassment?
I supervise several young adults (20 to 30 yrs old) in a work environment. The lunch time conversations often revolves around something of a sexual nature. Not directed at any one person. Sexual jokes, comments about taking a conversation out of context, whether someone seems to like bananas (snicker), which foods are associated with sex. As a supervisor I have not heard any complaints, though it is clear that not all parties are participants. Need I put a stop to any such jokes? Need I implement a policy whereby confidential complaints can be filed? Am I overreacting?
1 Answer from Attorneys
Supervisor responsibly concerned about sexual harassment
Excellent question. You raise several issues here.The first is What should you do? Should you talk to management or should you address the group itself?Problem: You do not want to make a mountain out of a molehill. I hear that in your question. Nor do you want to be looked upon old and obsolete or "out of it" or too old to understand.Suggested Resolution: I would go to management (Human Resources/Personnel). Tell them what you've heard. DO NOT USE NAMES, YOU DO NOT WANT TO HURT CAREERS HERE. Nor do you want to appear -- as you said -- to be overreacting. Suggest merely to HR that possibly they should put memo on bulletin board: COMPANY POLICY RE SEXUAL HARASSMENT.
Because you did not say whether you merely overhearthe conversations or are one of the people sitting around a long table, whether the lunchroom is large/small, etc., it is difficultto make further CONSTRUCTIVE comment.
But you are correct in being concerned (1) for members of group who are not participating as fully as others and (2) your employer, which can be put at risk for being sued as not doing anything about a hostile environment that they should or did know about.Excellent concern. Wisdh more supervisors were like you!