Legal Question in Sexual Harassment in Massachusetts

Nudist boss?

Last weekend my wife took a part time job for an accountant at his office. The accountant said that he sometimes would work in the nude because he was a practicing nudist and if she felt comfortble he may do just that. We know that nudism is a life-style and has nothing to do with sex. After being there a while she agreed to his nudism. Later the guy started masturbating in front of her. She is upset and thinks its her fault. Maybe we were stupid to think that he was for real but I'm upset that he lied and took advantage of her. Is this a case that we could pursue?


Asked on 10/31/06, 1:22 pm

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Nudist boss?

I have handled over 30 sexual harassment cases, and many of them involved strange sexual behavior, although I have not had a case with facts similar to this case. As you describe the facts, your wife may well have a legitimate sexual harassment claim. Basically, employers cannot make acquiescence to offensive and unwelcome sexual conduct a condition of employment. The employer's conduct is more exhibitionism than nudism. The Massachusetts Commission Against Discrimination, which deals with these cases, probably would not view the workplace as an appropriate place for the employer to be naked. The conduct you describe is potentially criminal as well, violating laws prohibiting "lewd and lascivious conduct", open and gross lewdness, indecent exposure and accosting a person of the opposite sex. Of course, any lawyer would want to find out more about the circumstances of the case before giving a definitive opinion. If you would like a free copy of my newsletter addressing sexual harassment law, please contact me.

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Answered on 10/31/06, 1:52 pm


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