Legal Question in Sexual Harassment in Massachusetts

Is new owner still responsible

I have been with my company for over 23 years.

For the past year and a half I have been sexually harassed by a supervisor. I put off filing a complaint hoping he would stop on his own. Things haven't improved so I would like to do it now.

The problem is that my company is in the process of being sold. Papers haven't been signed yet but the new owner is starting monday.

If I complain now will it affect my future employment ?

Is the new owner responsible for the problem even though he didn't legally own us at the time ? I am afraid to be labled a ''trouble maker'' and risk losing my job in the transition to new ownership.


Asked on 8/15/03, 6:55 am

1 Answer from Attorneys

J. Whitfield Larrabee J. Whitfield Larrabee

Re: Is new owner still responsible

The liability of the successor in ownership

may depend on a variety of factors, the type

of entity involved, the circumstances of the

sale, and any agreements concerning the

assumption of liability.

If you are employed by a corporation, and the

ownership transfer simply involved the sale of

the corporations stock, then clearly the corporation would remain liable.

Under state and federal law, it is against the

law to retaliate against employees for complaining about sexual harassment and other

forms of unlawful employment discrimination.

Sexual harassment claims can be valuable claims

and are subject to short statutes of limitation.

You should consult with an attorney to discuss your rights and to decide whether it would be

be in your best interest to pursue such a claim.

If you would like me to mail you a free copy of

my newsletter about sexual harassment, please contact me at 617-566-3670.

Sincerely,

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Answered on 8/15/03, 11:52 am


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