Legal Question in Sexual Harassment in Massachusetts
restrained and licked/kissed on neck at work by janitor
The janitor at my place of work (a college in MA) continues to say lemd things to me ever. I report this to my boss and he laughs it off. Today the janitor hugged me extremely tight and tried to kiss my mouth. I moved away and told him that was inappropriate and laughed it off. About 15 mins later he snuck up on me in an out of the way filing room and restrained me again in a hug position and began to lick, kiss and nibble at my neck. I was in shock and said to him this is very inappropriate and ran out of the room. I told the Pres of our campus and she said OK I will speak to him and give him one more chance to behave properly and the next time he will be fired and arrested. My fiancee' called my boss after I had explained to my fiancee' what had happened. My boss went to the Pres' office and they both approached me asking what it was I wanted them to do. I told them I feared to come to work and the 2nd chance may mean I am raped. Later the Pres approached me and told me they would fire the janitor. Now I am being told I was not aggressive enough and my boss and the Pres are treating me very standoffishly. Do I have any rights or is this over with since he has been supposedly fired? I am fearful to be at work alone -
3 Answers from Attorneys
Re: restrained and licked/kissed on neck at work by janitor
You do have rights to be free from both retaliation and sexual harassment. Before taking any action, you should discuss your options with an attorney. Once you have done this, you may wish to file a complaint with the Massachusetts Commission Against Discrimination with the assistance of an attorney. I have found that individuals who file complaints on their own often omit key information or make strategic mistakes in their filings. If you would like to get a free copy of my report discussing how to effectively bring a sexual harassment case, please notify me. I have helped over 30 clients with sexual and racial harassment claims.
Re: restrained and licked/kissed on neck at work by janitor
It sounds like you have a sexual harrasment claim agaisnt your employer. We can file a claim with the Equal Employment Opportunity Commission ("EEOC"). Your employer is prohibited from taking any action against you for filing a claim.
Re: restrained and licked/kissed on neck at work by janitor
You can absolutely go to the police, file a report, and either have this man arrested or seek an application for a criminal complaint if the police choose not to arrest right away. There will be a hearing to see if there's enough probable cause for criminal charges to stick.
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