About Sexual Harassment Law in Massachusetts, United States
Sexual harassment is a serious issue in workplaces, schools, and public spaces across Massachusetts. It refers to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects an individual's employment, education, or creates a hostile or intimidating environment. In Massachusetts, both state and federal laws protect employees and students from sexual harassment. The Massachusetts Commission Against Discrimination (MCAD) is the primary agency handling these complaints in the state. Understanding your rights under these laws is crucial if you believe you have experienced or witnessed sexual harassment.
Why You May Need a Lawyer
Dealing with sexual harassment can be emotionally taxing and legally complex. While some cases can be resolved through internal complaints or mediation, others require legal intervention. You may need a lawyer if:
- Your complaint was not taken seriously or resulted in retaliation.
- You have suffered emotional or financial harm due to the harassment.
- You need guidance on filing a formal complaint with the MCAD or Equal Employment Opportunity Commission (EEOC).
- You are unsure about how to gather evidence or protect yourself from retaliation.
- You have been wrongfully terminated or denied promotion following your report.
- Your case involves complicated legal issues or multiple parties.
A legal professional can help you understand your options, negotiate settlements, and represent you in court or at administrative hearings.
Local Laws Overview
Massachusetts has robust laws designed to protect individuals from sexual harassment. The key legal frameworks include:
- Massachusetts General Laws Chapter 151B - Prohibits sexual harassment in the workplace, schools, housing, and public accommodations. It applies to employers with six or more employees.
- Title VII of the Civil Rights Act of 1964 - The federal law prohibiting sexual harassment in employment.
- Retaliation Prohibition - It is illegal for employers or educational institutions to retaliate against anyone who files a sexual harassment complaint or participates in an investigation.
- Mandatory Policies - Most employers in Massachusetts are required to have a written sexual harassment policy and must provide it to every employee annually.
- Filing Complaints - Victims can file complaints with the MCAD or EEOC, but there are strict deadlines, known as statutes of limitations, usually 300 days from the date of the harassment.
Frequently Asked Questions
What counts as sexual harassment in Massachusetts?
Sexual harassment includes unwelcome sexual advances, inappropriate touching, comments, jokes, or any behavior of a sexual nature that creates a hostile work or school environment or affects job or educational opportunities.
Do these laws only apply at work?
No, sexual harassment laws in Massachusetts also apply to schools, housing, and other public accommodations.
What should I do if I experience sexual harassment?
Document the incidents, speak to a supervisor or human resources, follow your organization’s grievance procedure, and, if necessary, contact an attorney or file a complaint with MCAD or EEOC.
Is my employer required to take action?
Yes, employers in Massachusetts must investigate complaints, take appropriate corrective measures, and ensure a harassment-free workplace.
Can I be fired for reporting sexual harassment?
No, retaliation against anyone who reports sexual harassment is illegal in Massachusetts.
How long do I have to file a complaint?
Generally, you have 300 days from the last incident to file a complaint with MCAD or EEOC.
What types of compensation are available if I win my case?
Victims may recover lost wages, emotional distress damages, attorney fees, and sometimes punitive damages. The exact compensation depends on your case.
What if the harasser is not my supervisor?
Sexual harassment by any employee, customer, client, or even a non-employee can still be actionable under Massachusetts law if the employer knew or should have known about it and did nothing.
Do I need evidence to file a complaint?
While direct evidence is helpful, you can file a complaint based on your experiences. Documentation, witness statements, and electronic communications can strengthen your case.
If I am accused of sexual harassment, what should I do?
Take the accusation seriously, cooperate with any investigation, seek legal advice, and avoid any contact with the complainant until the matter is resolved.
Additional Resources
- Massachusetts Commission Against Discrimination (MCAD) - The state agency responsible for investigating complaints of sexual harassment.
- Equal Employment Opportunity Commission (EEOC) - The federal agency that enforces laws against workplace harassment and discrimination.
- Massachusetts Office of the Attorney General - Offers information and resources regarding civil rights and workplace protections.
- Local Legal Aid Societies - Provide free or low-cost legal services to eligible residents dealing with workplace harassment.
- Rape Crisis Centers and Victim Advocacy Organizations - Offer counseling, advocacy, and referrals to legal professionals for those affected by sexual harassment or assault.
Next Steps
If you believe you have experienced or witnessed sexual harassment in Massachusetts, consider the following steps:
- Record detailed notes about the incidents, including dates, times, locations, and witnesses.
- Review your workplace or institution’s sexual harassment policy.
- Report the incident to your supervisor, human resources department, or Title IX coordinator if in an educational setting.
- Consult with a lawyer who specializes in sexual harassment cases to evaluate your rights and the best way forward.
- If necessary, file a complaint with the Massachusetts Commission Against Discrimination or the EEOC within the required time frame.
- Seek support from advocacy organizations or counseling services throughout the process.
A legal professional can provide you with tailored advice, protect your rights, and support you through every stage of your case.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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