Legal Question in Sexual Harassment in Massachusetts
Is this a sexual harassment case?
I have requested bereavement time for a funeral and was not only denied, but admittedly lied to in the process. I informed management when my wife's grandmother (she was very close to me)became gravely ill. I was told bereavement would not apply due to the relation so I would need to take vacation time. I submitted a request for this time. We have been told by the doctor that she will most likely pass this weekend, so I told management and was told my request for time off was denied due to staffing issues, but when she did actually pass, they would work something out. When I asked if she passed over the weekend if it was ok for me to go, I was told no, I have to be at work on Monday morning or I may not have a job. When I retorted that I was lied to, there was no response. I am a man and the company I work for has all women upper management. Furthermore, my direct supervisor is also a woman. I find it odd that when the women in my department need time off despite ''staffing issues,'' it is granted. Here I have a family emergency, yet my request is being denied. Your advice is much appreciated!
1 Answer from Attorneys
Re: Is this a sexual harassment case?
What you do depends a lot on whether you like the job, whether you can get another in a timely fashion, whether you feel secure enough in the job to tell them to stuff it, whether there is a company Employee Handbook promising bereavement time, whether you have management's promise in writing, etc.
If you can list the actual names of women who were treated differently under similar circumstances, then put the list on paper and give it to the head of the Human Resources Dept.
Include the dates -- approximate ones, if necessary -- if you know them. That list will be written proof of notice to the company. Be sure to date and sign the list.
The HR person will not need to be a rocket scientist to understand that there is a potential lawsuit brewing.
Of course, your butt will be in a sling from then on.
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