How to File a Sexual Harassment Complaint in Massachusetts

In order to file a sexual harassment lawsuit in Massachusetts, it’s important to first understand how sexual harassment is defined. In Massachusetts, sexual harassment is defined under the Massachusetts Fair Employment Practices Act (“MGL c. 151B”). That Act defines sexual harassment as any unwelcome sexual advances, requests for sexual favors, or any other verbal, physical, or nonverbal conduct of a sexual nature.

This can include:

• Quid pro quo harassment: When submission to or rejection of such conduct is used as a basis for employment decisions
• Hostile work environment harassment: When such conduct creates an intimidating, hostile, humiliating, or sexually offensive work environment

In order to file a sexual harassment lawsuit against your employer in Massachusetts, you should follow these general steps:

• Document the Harassment: Keep detailed records of incidents, including dates, times, locations, and any witnesses, being sure to save any relevant emails, messages, or other evidence
• Report to Your Employer: Notify your supervisor, manager, or human resources department about the harassment and provide them with your documentation
• Follow Company Procedures: Adhere to your employer’s internal procedures for reporting harassment, which may involve filling out specific forms or providing a written statement
• File a Complaint with the MCAD: If your employer does not address or resolve the issue, you can file a complaint with the Massachusetts Commission Against Discrimination (“MCAD”)
  • It is important to note that you must file within 300 days of the incident
• Seek Legal Advice: Consult with an attorney, as they can provide you with guidance, support you throughout the legal process, and help you file a civil complaint against your employer if you have suffered damages

How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?

Identifying workplace sexual harassment involves recognizing certain behaviors and understanding how they affect you. Common examples in Massachusetts include:

• Unwanted Sexual Advances: Persistent and unwelcome attempts or requests for sexual favors
• Inappropriate Comments: Offensive remarks or jokes regarding your body, appearance, or sex life
• Physical Contact: Unwanted physical interactions, such as hugging, kissing, or other touch
• Sexual Gestures: Lewd or suggestive gestures or displays
• Visual Harassment: Exhibiting sexually explicit images or videos
• Quid Pro Quo: Proposals to engage in sexual conduct in exchange for job benefits like promotions or positive evaluations
• Hostile Work Environment: Any other behavior that creates an intimidating, hostile, or offensive work environment, hindering your job performance

If you encounter any of the above behaviors, it is crucial to document them thoroughly and report the harassment to your supervisor, manager, or Human Resources department, providing them with your evidence.

Once again, if the harassment persists or isn’t adequately addressed, you should consider filing a complaint with the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission (“EEOC”). It is important to remember to file a complaint with the MCAD within 300 days of the incident.

What Are the Different Kinds of Sexual Harassment Claims?

In Massachusetts, there are two primary types of sexual harassment claims recognized under the Massachusetts Fair Employment Practices Act (MGL c. 151B):

• Quid Pro Quo Harassment: This type of harassment occurs when a person in a position of power or authority demands sexual favors in exchange for job benefits, such as promotions, raises, or continued employment
  • In other words, the harasser offers job-related benefits in return for sexual acts.
• Hostile Work Environment Harassment: This type of harassment involves unwelcome sexual conduct that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment
  • Importantly, the conduct must affect a term, condition, or privilege of employment, and the employer must have known or should have known about the harassment and failed to take prompt and appropriate corrective action

Both of the above types of claims require the victim to provide evidence of the harassment and its impact on their work environment. As such, it’s important to document incidents meticulously and report them to the appropriate authorities within the organization.

A Massachusetts attorney will be familiar with all of the various forms of sexual harassment claims available to you under both state and federal law. As such, if you have any questions about which form of sexual harassment you were a victim of, they can assist you with your claim.

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

If you experience workplace sexual harassment, you have the legal right to sue your employer for damages. However, in order to be successful in your sexual harassment lawsuit in Massachusetts, you must prove the following legal elements:

• Sex-Based Conduct: The harassment must have been due to your sex, meaning the offensive behavior was directed at you because of your gender
  • This can include derogatory comments, inappropriate jokes, or unwelcome advances that are explicitly related to your sex or gender
• Unwelcome Behavior: The actions must have been unwanted and not invited by you, and a reasonable person in a similar situation would find the behavior offensive or hostile
  • This includes any conduct that you did not solicit or provoke and that you found personally offensive
• Severity or Pervasiveness: The conduct must be severe or pervasive enough to create a hostile, intimidating, or abusive work environment and must have significantly disrupted your job performance or made your work setting uncomfortable
  • This can be a single instance of a severe act or a pattern of behavior that occurs over time
  • Examples include repeated unwanted sexual comments, persistent physical contact, or any behavior that makes it difficult for you to concentrate or perform your job duties effectively
• Employer’s Awareness and Response: The employer must have known or should have known about the harassment and failed to take appropriate corrective actions
  • If your supervisor was the harasser, the employer can be held strictly liable.
• Adverse Job Action (for Quid Pro Quo claims): In cases of quid pro quo harassment, you must show that accepting or rejecting the unwelcome behavior led to a tangible employment action, such as being hired, fired, promoted, or demoted
  • This means that you must prove that your job status or work conditions were directly affected by your response to the harasser’s demands
  • Examples include being denied a promotion for refusing to comply with sexual advances or receiving a negative performance review as retaliation for reporting the harassment

Do I Need a Lawyer to File a Sexual Harassment Claim?

If you are a victim of workplace sexual harassment and have suffered harm or damages, it’s advisable to contact an experienced sexual harassment lawyer in Massachusetts. An attorney can safeguard your legal rights and assist you in recovering any damages you have incurred.

LegalMatch can help you find and arrange a consultation with a qualified sexual harassment attorney in your area. During the initial consultation, the lawyer will be able to explain your legal rights and options under both federal law and Massachusetts workplace harassment laws.

They will also help to ensure you meet all state deadlines for filing your lawsuit and guide you through all of the necessary steps to pursue your sexual harassment claim. Additionally, an attorney can draft your civil complaint and file it against your employer once you receive your right-to-sue letter. Finally, if needed, they can also represent you in court.