Legal Question in Sexual Harassment in Massachusetts
Can Sexual Harassment turn into Racial Discrimination?
I recent filed a complaint of sexual harassment by my supervisor. I followed the written procedures of my company by complaining to my next highest supervisor, his boss, the company vp and finally the Director of HR over the course of 2 months. Nothing was ever done to stop the harassment, ie. my request for transfer was denied, bonus money was withheld, I was denied access to my company email, given a bad review and ultimately ''threatened'' that my work environment would be a living hell once I returned from leave. Unfortunately, it is not uncommon for complaints to be filed but general people are transfer or get so form of resolution. I sense that my treatment may be racially motivated as well as retaliatory. Can this be possible?
3 Answers from Attorneys
Re: Can Sexual Harassment turn into Racial Discrimination?
Of course it's possible. If employees of a different race than you have been treated differently than you, i.e. their complaints were taken seriously, investigated, resolved, then that's race discrimination, in addition to the possible claims for sexual harassment and retaliation that you describe. You should file a charge with the Mass. Commission Against Discrimination, and make sure they clearly include all three claims in the charge.
Re: Can Sexual Harassment turn into Racial Discrimination?
Depending on the time of the harassment, you have 6 months or 300 days to file a cliam at the MA Comission against Discrimination-you should do so. Whether they find harrassment or not, you also have a claim for retaliation. Keep any evidence you can, take notes of all future actions, try to re-construct dates. If you need additional information or encouragement, contact me.
Re: Can Sexual Harassment turn into Racial Discrimination?
Many cases involve a variety of types of discrimination. It is often difficult to
ascertain exactly what people's motiviations
are. In the context of a sexual harassment case, you may not need to prove whether your
employer's response was motivated by racial discrimination, retaliation or a combination of both. From what you describe, your employer's response to your complaint of sexual harassment was clearly inadequate.
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I have successfully prosecuted many law suits against employers involving allegations of sexual harassment, sex discrimination, racial discrimination and harassment and retaliation.
Please contact me if you would like to discuss your case.
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