Legal Question in Sexual Harassment in Massachusetts
Is this sexual harrasment
I was involved in an affair with a married co-woker, supervisor.
During that time my work situation was comfortable
with extra ''perks'' Not the reason I was with him.
The affair ended 11 months ago .
Since then I have been constantly harrased.
I have called the police to remove him from my property.
I get harrasing, threatening phone calls and hangups.
My child's life has been threatened if I ''told''
This person put himself in a position to be my direct supervisor at work. I lost my overtime. I am threatened with a layoff or firing. I am constantly belittled and swore at. My job is impossible to perform due to his
interfearance. Should I complain to management, and how, or should i contact a lawyer and go further ?
4 Answers from Attorneys
Re: Is this sexual harrasment
I am happy to provide you with a consultation on this matter. I believe that you have a viable case. if you are interested please call my office for an appointment.
Howard Wilgoren
Re: Is this sexual harrasment
Yes, even after a consensual affair, you are covered by the law if you are harassed after the affiar is ended. Your employer is required to have a sexual harassment policy(and required to give you a copy). Go to Management according to the policy or go directly to HR to file a complaint. If you feel the process is taking too long or is unfair to you, you may need an attorney. Be careful to watch the timeframe hre. In order to file a cliam fro sexual harassment youonly hae 6 months (300 days after Nov. 1) to file a complaint at the MCAD. Iwould have a lawyer help you in drafting the complaint.
Re: Is this sexual harrasment
Yes, this is sexual harassment and retaliation, especially if he is now taking actions against you which could jeapordize your employment. You should both speak with a lawyer and complain to management.
Re: Is this sexual harrasment
What you describe most certainly is unlawful
employment discrimination, harassment and
retaliation.
Because the manner in which you handle this
matter will seriously effect your employment
and your legal rights, you should definitely
secure the assistance of a lawyer experienced
in employment law matters.
You have a potentially valuable legal claim.
The first step in most cases is to complain
directly to the employer. I normally suggest
that this be done in a letter through the
employee's attorney. The second step in
protecting an employee's rights in this type of
case is to file a "charge of discrimination" with
the Massachusetts Commission Against Discrimination
and with the United States Equal Employment Opportunity
Commission. It is best not to delay in filing your
charge of discrimination due to short statutes of
limitation. Most judges and lawyers would agree that
this is best done with the assistance of a lawyer. The
choice of words and the appropriate naming of all
potentially liable parties is important when filing
a charge of discrimination. It is also important that
the charge be signed under the penalties of perjury.
I have assisted many employees with sexual
harassment and retaliation claims in
Massachusetts Courts and before the MCAD
and EEOC. Please contact me if you would
like to receive my newsletter on this subject
or to discuss your case.
Sincerely,
J. Whitfield Larrabee
617-566-3670
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