"Massachusetts explicitly prohibits verbal and physical sexual harassment in the workplace. Call DPS if you need help."
SEXUAL HARASSMENT CLAIMS
Davis, Pontikes & Swartz, LLC. handles all forms of sexual harassment cases in Massachusetts. We understand the sensitive nature of sexual harassment claims and we strive for rapid, confidential resolution of these cases whenever possible. To that end, Davis, Pontikes & Swartz, LLC. employs alternative dispute resolution techniques as well as traditional litigation. We are always available for private consultation with employees who have questions about a potential sexual harassment case, or with employers anticipating a sexual harassment lawsuit.
By statute, Massachusetts forbids sexual harassment in the workplace. Massachusetts General Laws chapter 151B makes it unlawful for an employer "personally, or through its agents, to sexually harass any employee." G.L. c. 151B § 4(16A). Massachusetts defines sexual harassment as:
"Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment." See G.L. c. 151B, § 1(18).
Two types of sexual harassment claims are generally recognized in Massachusetts - quid pro quo claims and hostile environment claims.
In a quid pro quo sexual harassment claim, a plaintiff generally must prove (a) that the alleged harasser made sexual advances, sexual requests or engaged in conduct of a sexual nature; (b) that he or she rejected or submitted to such advances, requests or conduct; and (c) that the submission to or rejection of such sexual advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions. See G.L. c. 151B, § 1(18); Chamberlin v. 101 Realty, Inc., 915 F.2d 777, 783-84 (1st Cir. 1990).
In a hostile environment sexual harassment claim, a plaintiff generally must prove verbal or physical conduct that: (a) is of a sexual nature; (b) is unwelcome; (c) has the purpose or effect of creating a hostile or humiliating or offensive work environment; and (d) interferes with the plaintiff's ability to perform his or her job. See College-Town Div. of Interco, Inc. v. MCAD, 400 Mass. 156, 162 (1987); Johnson v. Daniels Bros. Auto Sales, Inc., 18 M.D.L.R. 194, 196 (1996).
Plaintiffs in Massachusetts can bring claims of same-sex sexual harassment under Massachusetts and federal laws. See Melnychenko v. 84 Lumber Co., 424 Mass. 285 (1997); Oncale v. Sundower Offshore Servs., Inc., 523 U.S. 75 (1998). It is not necessary to prove that the victim and the harasser are of the same sexual orientation, or that the conduct discriminated against one gender more than another. Oncale, 523 U.S. at 75.
Whether you are an individual or a small to mid-size company, if you are interested in becoming a DPS client, please contact us through our website or call our main telephone number (617) 357-1888 to schedule a consultation with a member of the DPS legal team.
