Is Sexual Harassment Considered Discrimination?
Sexual Harassment as a Form of Gender Discrimination
Sexual harassment in the workplace is considered sex or gender discrimination under both federal and Massachusetts law. Though women are generally more likely to be "sexualized" in the workplace, a harassment claim can lie no matter what the gender of the victim, if you can prove the elements of sexual harassment.
The anti-discrimination laws do not apply to every employer- for example, an employer must have 6 or more employees to be sued for harassment under Massachusetts law. If you think you are being harassed in a smaller workplace than this, you may still have a remedy. Massachusetts has a statute separate from the anti-discrimination laws declaring sexual harassment unlawful, which has no minimum size for the employer to be liable.
Learn more here about sexual harassment laws.
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