Legal Question in Sexual Harassment in Massachusetts

Re: sexual harrassment

Based on your description of events, it appears the cook's conduct may constitute illegal employment discrimination (sexual harassment).

The important question, however, is whether you have sufficient facts which would allow you to hold the business liable for the illegal conduct of the cook. Unless you are looking for financial compensation or reinstatement of your job, what is there to gain from a face-to-face meeting with your employer and the cook?

There probably is no harm in meeting with the two of them, but you should probably not sign anything without having it reviewed by an attorney.

The first thing you should do is file a complaint with the Massachusetts Commission Against Discrimination. Your time to do so is limited and failure to file with the MCAD will kill your case.

Re: sexual harrassment

This type of question should be answered by a Massachusetts Sexual Harassment lawyer who is familiar with the facts of your case

Re: sexual harrassment

I would not advise a client to speak with her former employer in the circumstances you describe. You would do well speak with an experienced lawyer first, so that you can better understand your rights and better understand your objectives. Although the value of cases can vary greatly depending on the specific circumstances, in one case that I handled, an employee promptly hired me when her boss kissed her on the lips after he insisted on a hug. We were able to settle the case for $15,000 within 60 days of our first meeting. Where there are ongoing acts of harassment, sexual harassment cases claims can be quite valuable, sometimes resulting in verdicts and settlements of $100,000 or more. Of course, with the limited information that you have provided, I cannot estimate the value of your daughters claims.

Although no one may have witnessed the specific incident involving your daughter, there is a good chance that the cook has harassed other employees. Based on the principle that lightning rarely strikes twice in the same location, many sexual harassment cases have been established based on corrobating witnesses who were also harassed. Of course, any physical sexual assault on a minor is especially reprehensible. Before filing a complaint with the MCAD, it is also probably best if you consult with an attorney. An experienced attorney can assist you in drafting the complaint so as to best protect your daughter's rights. Because I have handled over 35 sexual harassment cases in Massachusetts, I have developed a newsletter that answers many common questions about these cases. You may contact me for a free copy of this newsletter.