Workplace Sexual Harassment
Understanding and Addressing Sexual Harassment at WorkMost women will tell you that sexual harassment was a thing long before it was recognized under federal and state employment laws as a form of sex discrimination.
This may have become more widely known after the "me-too" movement, but it has been a problem for as long as there have been working women. Many women do nothing about it. Some fear retaliation if they report workplace harassment. Others do not feel they have the resources- time or money- to invest in challenging the behavior. Many, many women who have experienced sexual harassment are also embarrassed and ashamed. It is important to know what sexual harassment is, and what your rights are if you are subjected to it. You can read the answers to some frequently asked questions about sexual harassment in the workplace. Here is also a summary of the basic rules. Sexual Harassment DefinedIt's crucial to understand what constitutes sexual harassment and be aware of your rights if you experience it. While sexual assault is unquestionably actionable and should be reported immediately, there are other behaviors that also constitute sexual harassment. There are two primary types: "quid pro quo" harassment and "hostile work environment."
Quid pro quo harassment involves sexual advances or requests for sexual favors as a condition for employment benefits. Hostile work environment harassment doesn't necessarily involve direct sexual advances but includes pervasive verbal or physical sexual conduct that creates an intimidating, hostile, humiliating, or sexually offensive work environment. Both forms of sexual harassment are illegal under federal and Massachusetts law. Quid Pro Quo HarassmentExamples range from explicit propositions by supervisors to suggestive comments, unwelcome advances, or reassignment or termination after declining advances. If you believe your employment depends on complying with an inappropriate request, report it.
Sexual Harassment and Hostile Work EnvironmentTo qualify as a "hostile work environment," behavior must be sexual in nature and pervasive. Unwanted sexual comments, advances, questions about your sex life, undue attention to appearance, or unwanted touching can constitute sexual harassment. The behavior must be severe and repeated enough to affect your job performance.
"Hostile work environment" is often confused with workplace bullying. Most people understand what hostility means, and there can be plenty of it in many workplaces. However, unless it meets the definition of sexual harassment, or harassment fueled by some other discriminatory motive, it is generally not illegal. If the behavior is bad enough, it may amount to a constructive discharge even if your employer does not actually fire you. |
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Is Your Employer Covered By The Sexual Harassment Laws?
The federal law against sexual harassment is Title VII of the Civil Rights Act of 1964, which applies to private employers, state and local governments, and educational institutions employing 15 or more people. There are similar protections under Massachusetts anti-discrimination law for employers with six or more employees, but also a separate state law that protects you regardless of the size of the business.
If you work for the federal government, you are covered by both state and federal harassment laws. You also have special administrative procedures you must follow inside your agency before you can bring a claim to court.
With very few exceptions, if you are experiencing sexual harassment in the workplace, you will have a remedy under either federal or state law.
If you work for the federal government, you are covered by both state and federal harassment laws. You also have special administrative procedures you must follow inside your agency before you can bring a claim to court.
With very few exceptions, if you are experiencing sexual harassment in the workplace, you will have a remedy under either federal or state law.
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
If you've experienced sexual harassment in the workplace, our experienced employment attorneys are here to provide guidance, support, and legal representation to protect your rights and seek justice. 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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