Legal Question in Sexual Harassment in Massachusetts
orrect collection of evidence in sexual harassment case
Hi, I am a scientist. At my work I was discriminated and harassed in various ways until it turned to the sexual one. Credits for my scientific work including inventions, were stolen from me as well as 25% of my salary. I complained to Hospital, the situation became worse, I complained to The Comm. Against Discrim. and I was fired. Every one in the Unit expressed their disgust but, when it comes to testimony, they don't want to lose their job. The head of the unit told them "no one in this unit is going to testify in this case 3 they got the message loud and clear.
To overcome this, since I worked day and night in the lab, during the last nights of employment, I checked on the computer which I purchased for the laboratory (together with the rest of the laboratory which I set up for him) and used for my work, to find something that may prove that, before the harassment started every thing was wonderful. I found personal letters of the harasser, stating: how good I am academically, How much I am helping him to deal with his new job and the politics around and that he is going to promote me as soon as possible. I used my personal camera to document these letters straight from the computer's monitor.
The question: is it safe to use these helpful documents in court or at The Comm. Against Discr.? Can the other side claim anything legal against these documents?
Thank you.
3 Answers from Attorneys
Sexual Harassment Documents
Your question seems to focus on whether you can use these documents, as opposed to whether you have a claim. If you were fired for bringing a claim then the employer may be retaliating. You may already know this.
As for the documents, they may be documents that you could get though normal discovery channels in the course of a lawsuit. The Hospital may object depending on what exactly the documents are. If the documents are sensitive or in some way "secret" or the info is owned by the Hospital then you may have a problem. I would get to a sexual harassment lawyer in you area ASAP and get a review of your case. Many will do so free of charge initially.
Photographing evidence from computer monitor.
I think it was a great idea. It will at the veryleast be helpful in coercing acknowledgement by the hospital and the harasser that such documents were written. I ALMOST disagree with the lawyer who saidyou may have troubles using them because they containinformation ... proprietary or whatever ... belonging to the hospital. To me, that sounds pretty unlikely.
What's going on? Are you still able to access thecomputer? Is it legal for you to do so? Is there some better way, e.g., some way to print those documents?
Anyway, I certainly agree that the process of discoveryshould turn up those documents anyway and that will comewith an automatic admission of their existence and theircontent which gets them admitted into evidence most easily.
Who down at MCAD is handling your case?
I invite you to call me. I might be able to help you oneway or another.
email:[email protected]; phone: 617-527-0050
You have six months to bring an action at MCAD
I believe that you have six months to bring a formal complaint at the Massachusetts Committee against Discrimination, for sexual harrassment, or you forfiet the ability to bring a suit. If you have not done so, see an attorney soon.
I am not sure what you would use the documents to show, in a trial. You don't say if this fellow was your manager, or a co-worker, or the person responsible for your performance review/hiring/firing decisions. This makes a difference.
In any event, if you see this message, contact an attorney to see if you need to move quickly to preserve your legal rights.
This is a very complicated situation. Without an indeapth interview to determine the relevant facts, no attorney can render legal advice. Consequently, this is not legal advice, but rather comments to help you structure a discussion with an attorney, who will render advice to you on this matter.
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