Legal Question in Sexual Harassment in Massachusetts

Re: What steps should I take as a victim of sexual harassment?

YOu can leave the co and file a discrimination claim within six months from the date of the last discriminatory act or the date you leave, depending.

I would contact someone higher up in the company and see what happens-a company as large as your's must have a harassment polidcy-in fact if it was not given to you on hire, company is not in compliance with MA law.

Re: What steps should I take as a victim of sexual harassment?

You may have a case of hostile work environment sexual harassment, depending on the exact nature of the offensive comments. I'm not sure what you mean when you say the MCAD told you you can call an attorney if you don't want to file there - an attorney can very well help you in the MCAD process. If you're looking to leave the company without filing a claim with the MCAD, you need to act quickly, because you only have 6 months to file such a claim from the date of the most recent incident of harassment - after that, your ability to file (and your leverage) is gone. Contact a lawyer. The company may be willing to work out a severance deal with you in return for your agreement not to file a claim.

Re: What steps should I take as a victim of sexual harassment?

Whether you have a case depends on the nature of what's being said. To be actionable, it must be subjectively and objectively offensive. In addition, the company had to have known about it - and the conduct either continued despite efforts to stop it - or the company didn't take it seriously enough and thus, did not deal with it appropriately. The assets of the company are, for ann intents and purposes, irrelevant for the purposes of determining whether you have a case, or its value, if any.

If you proceed to MCAD, you should have a lawyer. MCAD is an agency that is suffering a disproportionate share of the financial strain that the state is facing. What you were told on the phone is what, in theory, should happen. In reality, they are an over burdened, under funded and grossly understaffed agency. You would be better served to retain a lawyer and have your lawyer file the complaint - and then perhaps consider removing the case to court. Remember that you have only 6 months to file a complaint.

While you say you don't want to file a complaint, chances are, you are not going to have much of a choice. Based on your facts, I would have to surmise that the company does not take your complaints of harassment seriously - which I find peculiar for a large company as you have described. If that's the case, they are not likely to take you seriously unless you file a claim at MCAD. Outraged or not, it may be your best strategy to get out of the company.

Talk to a lawyer, because this response is really only an overview of your facts. You present a lot for consideration, and to get a good opinion you can rely on - meet with a lawyer.

Good luck.