Sexual Harassment Frequently Asked Questions

Dealing with sexual harassment in the workplace can be frightening and confusing. Below are the answers to some frequently asked questions we have heard from people about sexual harassment.  You can also read about some example harassment cases that we have resolved.

What is a Hostile Work Environment?

A hostile environment is one form of sexual harassment. It occurs when people in the workplace engage in conduct of a sexual nature that is severe and pervasive.This can be verbal or physical conduct.

Examples include frequent sexual comments in the workplace. It can include frequent touching or unwelcome advances. Repeated exposure to sexually explicit images or statements can also create a hostile work environment.

I am being harassed but it is not sexual. Can I do anything about it?

Unfortunately for many, this is only illegal if the conduct is sexual in nature or targeted at you because you are in a protected class.  Harassment based on sexual orientation or race could rise to the level of a legal claim. General workplace hostility or bullying generally does not.

If I am asked on a date by a co-worker is that harassment?

Like most things in employment law, the answer to this question depends. If the person asking you out is your supervisor and you feel pressured to say yes, it could be sexual harassment. If you say no and the person continues to ask, that could also be harassment.

My manager told me I would be fired if I told anyone what he did. Is that legal?

No. If you make a sexual harassment complaint to someone in the company, the law prohibits them from retaliating against you.If your company has a human resource department, you should report it to them.

If you do not have HR, you should report the conduct to someone in management. If possible this should be someone who does not report to the alleged harasser. The important thing is that you let someone in authority know what is happening.

My male co-workers are always making jokes about sex and comments about my clothing and appearance. Is that harassment?

If it makes you uncomfortable, you should report it. Whether it rises to the level of a hostile work environment will depend on how severe and pervasive the comments are.If you report it, you are protected from retaliation and your employer has a duty to investigate and take appropriate action.

Can a male employee be a victim of sexual harassment?

Harassment or unwelcome sexual advances can come from anyone. It can be a man harassing a woman, a woman harassing a man, or same sex harassment.The key question is whether the behavior meets the definition of sexual harassment. In other words, is there a request for sexual favors, or a sexually charged environment that is severe and pervasive.

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Can I be transferred to another department after reporting harassment?

This depends on the facts. An employer may decide to move an employee to another department as part of an effort to stop the harassment. This is sometimes done while an investigation is being conducted. It can be a good faith effort to protect the person who reported the claim.It can be retaliation if you are moved to a less desirable shift or department. This is especially the case if the alleged harasser does not face any similar consequences.

I told a manager about sexual harassment but he won't do anything about it.

That is a tough situation to be in. Once your manager knows about the harassment, the company has an obligation to investigate. If your immediate manager won't do anything, you should report it to human resources or someone above him.

You can also file a complaint with the Massachusetts Commission Against Discrimination ("MCAD") or the Equal Employment Opportunity Commission ("EEOC"). You can do this with or without a lawyer, but it is a good idea to discuss your situation with an experienced employment lawyer first.

I just can't stand it anymore and want to quit. Am I giving up my rights if I do that?

If you resign, you may still have a legal claim. You just have the extra burden of showing that the situation was so bad that no reasonable person would have stayed. This is called "constructive discharge." In most cases, you should try to address the situation with the company before quitting. This may actually help stop the harassment. It will also help in proving constructive discharge.

My boss is constantly telling me details about his personal relationships.

This can be harassment if he is indirectly making unwelcome sexual advances toward you. It could also be harassment if it is frequent and pervasive. Even if it is not harassment you have the right to report it to someone without being retaliated against.

What if I am being harassed by a client of the company?

Your employer's duty is the same regardless of who is doing the harassing. They have a duty to keep you safe from sexual harassment.It may not be practical or advisable to bring a sexual harassment claim against the client or customer, but you can and should report it to your employer. Your employer may be able to reassign your duties to keep you away from the customer or take other steps to protect you.

How do I file a complaint for sexual harassment?

Sexual harassment is considered a form of discrimination. That means you must first file either with the EEOC or MCAD. Both agencies have authority to hear discrimination and harassment claims. The main difference is that the EEOC is a federal agency and the MCAD is a state agency. Your claims under federal law and state laws can be brought in either one.

What are the time limits for filing a sexual harassment complaint?

Because it is considered a discrimination claim, the same statute of limitations applies. This is a very short time period- you have 300 days from the triggering event to file with the EEOC or MCAD.This can be confusing in sexual harassment cases because often the behavior goes on for a period of time before it becomes clear to you that you should take action. As a general rule, the earlier you consult with an employment attorney the better, to make sure you do not lose the right to make any valid claims.

Can my employer force me to keep quiet about the harassment?

Even if your employer pays you money to settle your harassment complaint, they cannot stop you from reporting the harassment to the EEOC or MCAD.  If you are asked to sign a non disclosure agreement in order to receive the payment, you may be restricted from talking about the situation.  It is important to read and review the NDA provisions with your employment lawyer before signing.

How We Can Help

If you feel that you are the target of sexual behavior, misconduct or harassment, or if you are an employer unsure how to handle an employee complaint, we can help you assess the situation, understand your rights and obligations, and make a plan to solve the problem.  You can use the button below to schedule a call back from a member of our team, give us a call at  781-784-2322, or fill out our web form  to let us know a little more about your situation.