Legal Question in Sexual Harassment in Massachusetts
I work in a company where a senior manager sends pornographic pictures and movies to people within the company - would this be deemed as sexual harassment?
3 Answers from Attorneys
Does he send this to individuals who do not want to receive this or is it a thing he does with friends. If they are upset with this being given to them they should report it to his superior.
It would likely be sexual harassment if this was done repeatedly, was unwelcome by the recipient and the recipient did not fully participate in sexual activity in the workplace. Federal and Massachusetts law differ significantly in cases such as this one. Under Federal law, it is likely that the employee would need to first complain, and, if the employer failed to take adequate remedial action, or retaliated, the employer would then likely become liable. Under Massachusetts law, which is more strict, the employer is presumed to have notice of the actions of high level managers and supervisors such that the employer can be held strictly liable for supervisory harassment of subordinates without otherwise showing fault on the part of the employer. I have a free newsletter concerning this topic based on more than 45 sexual harassment cases that I have pursued to conclusion. Please contact me if you would like a copy of this newsletter.