Legal Question in Sexual Harassment in Massachusetts
About a few months ago there was an employee who transfered to our store. Within the first week of his transfer I noticed he would stand unusually close to me, he would just stare at me and not say a word, and eventually him standing close changed to him rubbing up against me. I went to my manager that first week and told him how I felt. The manager didnt believe me but said he would talk to the employees manager. (Come to find out he never told anyone) Everytime I went to the bathroom, the employee would go to the bathroom. I would never hear a toilet flush or water running but after I left the bathroom I would see him leaving too. I used to think it was a coincidence until it happened everytime he worked. One day in the office I sat down and said my back was hurting. He asked me if he could rub my shoulders and I said no and that was sexual harassment. He told me to look out a window and I was confused as to what he wanted me to look at. He then grabbed my shoulders and starred to rub them. I was so shocked and scared that I didnt know what to say. He grabbed my throat and started squeezing and I threw his hands of me and said I had to go. I was in so much shock I was to scared to tell the manager again thinking he wouldnt believe me like last time. The final straw was when he told me to go away with him and I told him I was married but he still kept pushing after i said no. Then he asked me if I would change my mind if someone could give me anything I ever asked for. After saying no five times I decided to tell the manager again. They transfered him to another store where he was to work part of the day and they was going to suspend him after. He did it to another girl and grabbed her and called her sexy. Then they suspended him. During his suspension her showed up at the job and called for me. After he was fired he made appearances at the store without purchasing anything. He would just sit in the parking lot next to my car staring into space. (He lives far across town to shop at this location when there are other locations close by. I told the management I wanted a transfer because I felt he was stalking me and I thought he would come after me. My job never granted me a transfer and they told me to treat him like a customer. Ive put in my two weeks notice with this job because there are many nights Im alone and feel he will come back. When I was a teenager I was almost raped and this ordeal brings back all the trauma I dealt with. I feel he will follow me home, Im constantly looking over my shoulder and Im scared to death. I think my job should have done everything to make sure I was safe even after I told them he kept showing up and calling for me.
1 Answer from Attorneys
You describe your problem very clearly and concisely. You raise a number of issues.
The first issue is one of safety. You may wish to go to court and ask for a restraining order. Under a new law, G.L. ch. 258E, individuals who are subjected to harassment can ask a judge in the District or Municipal Court where the harassment occurred to order the harasser to stop harassing them and to keep away.
You also have a claim for sexual harassment. In order to initiate a claim for sexual harassment against employers with 6 or more employees, an employee must file a complaint with the Massachusetts Commission Against Discrimination (preferred) or the EEOC within 300 days. It is probably best to do this with the assistance of an attorney.
In your case, you have a good chance of winning a case against your employer although I would not say it is a sure thing. In Massachusetts, an employer's liability for sexual harassment by a coworker is not as clear cut as is the employer's liability for harassment by a supervisor. Your chances of winning might increase if you joined forces with the other employee who he harassed.
Ch. 258E also provides for damages for harassment, although it is uncertain whether this law will aid you in your claims against your employer.
I have a free newsletter concerning sexual harassment that I can provide upon request.
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