Reporting Sexual Harassment To Your Employer
Reporting Sexual Harassment: Your Rights and OptionsYou have the right to bring a legal action for sexual harassment with or without an internal report to your employer. However, there are compelling reasons to consider making an internal report. First, it increases the chances of your workplace addressing and resolving the issue. Second, your employer is not legally accountable for the behavior until they are made aware of it. Lastly, reporting can shield you from potential retaliation or reprisals by the harasser.
Sexual Harassment Policies: How to ReportMassachusetts law mandates that all employers have harassment policies in place, complete with a reporting and investigation system. Typically, you can find these policies in the employee handbook or request a copy from Human Resources. Even if some employers fail to maintain written policies, not having one or not following it could lead to punitive damages in the event of a successful sexual harassment lawsuit. If you can't locate a policy and lack an HR department, you can bring your report to anyone in management. Importantly, you should never be required to confront your harasser directly, regardless of their position within the company.
Your Rights Against Retaliation and ReprisalMaking an internal report of sexual harassment is a protected activity under state and federal discrimination laws. Consequently, your employer is prohibited from taking adverse action against you, such as termination or demotion, as retaliation for your complaint. These rights aren't contingent on whether the behavior is ultimately deemed unlawful. As long as you have a "reasonable good faith" belief that the conduct constituted sexual harassment, you are shielded from reprisals.
Your Rights to an Impartial InvestigationOnce management is alerted to your complaint, certain steps must be taken. Information must be collected from you in a safe and confidential manner, ensuring you aren't forced to directly confront your harasser. The company must maintain the confidentiality of your report, disclosing its substance only as necessary for the investigation. The investigation should be conducted fairly, promptly, and impartially.
While terms like "fair" and "prompt" lack precise definitions, a harassment complaint shouldn't linger without action. The person conducting the investigation must have no involvement in your complaint and should interview all relevant individuals. Your Rights if the Investigation Finds Sexual HarassmentIf the investigation concludes that sexual harassment did occur, you should engage with the company to address it. While termination of the harasser is a potential outcome, it isn't guaranteed. The company might suggest transferring you or the harasser to different departments or divisions.
Whatever the resolution, it should not harm you. If you receive a resolution you find unsatisfactory or punitive for reporting harassment, consult an employment lawyer to explore your options. Your Rights if the Investigation Does Not Find Sexual HarassmentFrequently, internal investigations don't definitively conclude that harassment took place. This doesn't mean the company is correct, nor does it prevent you from pursuing legal action. You can still request that the company address the behavior, even if they don't consider it actionable harassment.
Furthermore, remember that protection from retaliation persists, even if the investigation doesn't substantiate harassment. If you experience termination, demotion, or undesirable changes after the investigation, consult an employment lawyer about potential retaliation claims. |
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Your Right to Bring a Legal Claim for Sexual Harassment
Regardless of whether you report harassment internally or the investigation's outcome, you maintain the right to bring a legal claim against your employer if you believe you've experienced sexual harassment. Since harassment falls under discrimination laws, you must initially file your complaint with either the Massachusetts Commission Against Discrimination ("MCAD") or the federal Equal Employment Opportunity Commission ("EEOC"). The statute of limitations for these claims is 300 days from the discriminatory or retaliatory act, so prompt action is essential to seek legal recourse.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced team can provide guidance and support throughout the process of reporting and addressing sexual harassment in the workplace, ensuring your rights are protected every step of the way. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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