Legal Question in Sexual Harassment in Massachusetts

Re: Patient to nurse sexual harrassement

Your employer is obligated to protect you from such harassment. If they don't following your complaints, you have a claim against them that can be filed with the Mass. Commission Against Discrimination. Document everything, including employer's response. There is also precedent supporting a case against the guy too, but he may not have much in the way of assets. However, someone needs to stand up to him and his abuse.

Re: Patient to nurse sexual harrassement

I agree with attorney Murphy's response. In

cases involving medical patients, the standards

of liability are more complex than in the typical

employer - employee - customer relationship.

Restaurants, for example, have been found responsible for the harassment of waitresses by

customers.

In your case, your employer's failure to adequately warn you and failure to properly respond to the harassment would be important

considerations in holding the employer responsible. In your case, most judge's would

probably find that the longstanding harassment of many employees and the inadequate response

of your employer would form the basis for a valid

claim of sexual harassment.

In addition, the patients conduct amounts to

indecent assault and battery under state

criminal law. This is a felony and a sex

offense under state law. If the patient were

convicted, he could receive up to 5 years

in the state prison for each offense and

he could be required to register with the state

as a sex offender. I would recommend that you

contact your local police department and begin

proceedings for a criminal prosecution.

I have a newsletter focused on sexual harassment

law that you might find helpful. I can mail you

a free copy upon request.

Re: Patient to nurse sexual harrassement

Your employer is liable for sexual harassment committed by a patient. You may file a complaint with the Massachusetts Commission Against Discrimination and/or contact a lawyer.