Legal Question in Sexual Harassment in Massachusetts
I work in a machine shop with 50 men and 3 women. I am offended by a large calendar of swimsuit models half dressed. I have reported this to the owner on a few occasions. He covered it when a tour of 9th graders came in, but uncovered it after they left. Is this considered a hostile work environment? Sexual harassment?
1 Answer from Attorneys
In this context, sexual harassment includes a "sexually hostile work environment." To be a sexually hostile environment, one needs words or conduct of a sexual nature that have the purpose or affect of creating a work environment that is hostile, humiliating, embarrassing or offensive and that that tends to alter the conditions of the workplace or interfere with an employees job performance. In addition, the sexual harassment must be "severe or pervasive." Based on the swimsuit calendar alone, I am doubtful that the sexual conduct rises to the level of "severe or pervasive." Typically, swimsuit calendars are similar to magazine covers that we all see in the local mini-mart, grocery store or pharmacy. If there are other types of sex discrimination or sexual harassment going on, cumulatively, in combination with the swimsuit calendar, you would more likely satisfy the legal requirements for proving sexual harassment.
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