I believe I'm in a classic sexual harassment situation with my supervisor, complete with suggestive comments, offers of dates after repeated refusals, etc. My work situation is now very bad and uncomfortable. However, I'm told that because my employer has less than five employees that I cannot recover damages for this type of behavior under Massachusetts law. Any thoughts on that?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Editor's Response
That's not the case. Although the Massachusetts sexual harassment statute only applies to companies with more than 5 employees, you still have recourse under Massachusetts law. Additionally, federal law offers protection against sexual harassment. The situation you describe certainly sounds like sexual harassment. Follow this link to a thread about how MA law defines sexual harassment.
You should know that if your report this bad behavior to the offender's boss or, if the offender is the boss is the owner of a small company, the law protects you from retaliatory action. Before taking that step, you may be more comfortable if you talk to a Massachusetts employment law attorney. Not only can she talk to you about the merits of any possible law suit, but she can also explain how you should deal with the bad behavior and get it to stop. Your attorney can also help you file a formal complaint with the Massachusetts Commission Against Discrimination, an important prerequisite for any recovery of damages. Good luck. For more information, visit our Massachusetts Employment Law Discussion Forum.