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My boss has never actually demanded sex in return for a promotion or pay increase (I get a yearly but small raise and, because I'm a receptionist there really isn't any place to be promoted to) but he is always asking me to go out on dates with him in suggestive and unpleasant ways and sends me 'adult' emails from time to time. I've tried talking to him about it, but nothing changes. Is that sexual harassment under MA law?

Editor's Response

Sorry about your situation.  It sounds unpleasant, to say the least.  I cannot say with any certainty whether a court would find the behavior you describe is actionable, but it certainly sounds like sexual harassment to me.  Massachusetts law recognizes two broad types of sexual harassment.  Quid pro quo harassment happens when an employer says something along the lines of "have sex with me or you will not get promoted or get a raise." 
 
However, there is another type of sexual harassment: where the employer (or other employees) creates a hostile work environment that unreasonably interferes with a persons work performance.  So, in your case, if the boss is creating an environment that is humiliating or offensive, that may be sexual harassment.  FYI, Massachusetts General Laws Chapter 151B defines sexual harassment as follows:
 
(e) The term “sexual harassment” means any sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:— (i) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s education by creating an intimidating, hostile, humiliating or sexually offensive educational environment.
 
I encourage you to talk to an attorney who does employment and harassment law.  Good luck.
 

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