Legal Question in Sexual Harassment in Massachusetts

***Is this Sexual harassment or harrassment?***

I am employed with a large corporation that has residents that dine each night which I attend to ,apart of a staff of 6-8. One of the residents living there is known as an abrasive, racist,uncouth person. This past weekend she made a comment to me stating ''if *** Corporation wouldn't hire such overweight waitstaff they could get thorough the aisles...'' I am the only overweight person due to some health issues I have been dealing with documented with 2 doctors and I didn't appreciate her comment at all.Our policy handbook states very strict harassment and sexual harrasment guidelines that states ''unwelcome and unwanted comments about an indivdual's body'' is stated as sexual harassment.It is documented on many occassions of her verbal and harassing abuse but nothing other than talking to her has ever been done to her or anyone really taking responsibity for her actions. I feel this behavior which is documented has been swept under the rug since this indivdual is very wealthy and head of many commitees with the community. I will not tolerate this behavior from this person towards me and want to know my rights. If you can help to get me started please do so. Take care and thanks for your time.Genea


Asked on 9/18/02, 11:41 am

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: ***Is this Sexual harassment or harrassment?***

File a complaint with your Company's personnel office or the place stated on your employee information. Remind your employer that they are responsible for harassment by people who are not employed by them if the person is regularly at the job. It sounds like this person is not an employee of the company, but a "resident".

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Answered on 9/20/02, 12:18 pm
Thomas Murphy Law Office of Thomas Murphy

Re: ***Is this Sexual harassment or harrassment?***

This could be a form of harassment - either sexual or disability, depending on the reason(s) that you are overweight. Harassment is illegal if it is severe and pervasive. Your employer must take reasonable steps to protect you from such conduct by its "residents" once it is on notice of the harassment. You may also have a contract claim against the company, based on the language contained in the handbook. I think more information is necessary to fully explore your options. Ultimately, you may decide to file a discrimination claim with the Mass. Commission Against Discrimination for sexual harassment and/or harassment based on disability.

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Answered on 9/18/02, 12:10 pm


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