Legal Question in Sexual Harassment in Massachusetts
when do unwanted comments from a boss's friend become illegal?
i work in a small auto shop in my town as a apprentice mechanic, i still go to hs. my boss has this friend who often stops by and he has said MANY inappropriate remarks to me. once he even said "seeing you like that made me want to jump on you". if i leave my hair down by mistake he is constantly remarking on my looks. this has been going on for months and the other mechanics know it but a few weeks ago i finally told him to "f--- off" becuase of the comment he made about how i look. my boss yelled at me for it. soemtimes this guy trie sto be near me to touch my back or something but mostly it's just comments. can he get in legal trouble for this? i do not think my boss will do much as the guy is his best friend.
2 Answers from Attorneys
Re: when do unwanted comments from a boss's friend become illegal?
There are two things you need to know in answer to your question:
1. You need to tell your boss in no uncertain terms that you feel that his friend is sexually harassing you and that you want it to stop. (If he fails to put an end to the harassment, he can then be held liable himself); and
2. To answer your question, unwanted comments become harassment when they unreasonably interfere with your ability to perform your job duties.
If you have additional questions about this or think you might want to take some sort of action about it, feel free to email me directly.
Evan
Re: when do unwanted comments from a boss's friend become illegal?
Within 6 months of the last incident, you must file a complaint with the Massachusetts Commission Against Discrimination otherwise you lose your right to sue your employer.
And you should notify your employer of what is going on and request he stop it. It is his responsibility to put an end to any harassment you are suffering. If you need further info, feel free to e-mail me directly.