Workplace Harassment in a Small Business
Understanding Workplace Harassment in Small BusinessesSmall businesses aren't exempt from workplace harassment issues. While state anti-discrimination laws, such as Chapter 151B in Massachusetts, typically apply to businesses with more than six employees, harassment can be a prevalent concern in smaller workplaces where rules and procedures may be less formal.
For individuals seeking information about their rights under Massachusetts law, it's common to come across references to Chapter 151B and feel discouraged. Small business owners might wrongly assume they have no legal obligations regarding harassment in their workplaces. What many aren't aware of is that Massachusetts has separate statutes, such as Chapter 214, that prohibit sexual harassment and retaliation for reporting harassment, without any minimum employee count. Courts have emphasized that Chapter 214 ensures protection against sexual harassment for all employees, regardless of their employer's size (Chapin v. Univ. of Massachusetts at Lowell 977 F. Supp. 72, 82-83, D. Mass. 1997). This means that whether you're facing unwelcome advances, inappropriate comments, or other forms of harassment, your rights are safeguarded, regardless of the size of your workplace. Small business owners must also remain vigilant to ensure a harassment-free environment, regardless of their company's size. How to Report Harassment in a Small BusinessIn larger companies, reporting harassment often involves HR departments or designated personnel. However, in smaller workplaces, particularly if the owner or boss is the harasser, the reporting process may be less clear.
If the harasser isn't the owner, it's crucial to inform the owner of the situation. You're protected against retaliation for making this report, and the owner must address the issue if they're aware of it. Reporting doesn't require specific language or forms; a simple email or note describing the behavior and discomfort it causes should suffice. The owner should then initiate an investigation, which may involve discussing the situation with you but should not require you to engage with the harasser directly. If the owner is the problem, clearly communicate that the behavior is unwelcome, and you can proceed directly to a legal claim without making a formal report. Can You Quit the Job and Still Bring a Harassment Claim?You're not obligated to endure an intolerable work environment. While resigning voluntarily may affect your ability to recover lost wages, you can still seek compensation for the emotional distress caused by the harassment. If the situation is so severe that a "reasonable person" would not continue working, you might also have a claim for lost wages, citing constructive discharge.
It's important, though, to consult an employment lawyer before taking this step, as the standard for proving constructive discharge can be fact-specific. How to Bring a Harassment Claim Against a Small EmployerThough the law for smaller employers differs, the process for bringing a harassment claim remains the same as if you were dealing with a larger company. You must first file a complaint with the Massachusetts Commission Against Discrimination (MCAD) or the federal Equal Employment Opportunity Commission (EEOC). The initial complaint must be filed within 300 days of the events, approximately ten months. Missing this deadline could bar you from seeking any remedy, making it crucial to consult with an employment attorney promptly to understand your rights.
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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 employment attorneys are ready to assist you in navigating workplace harassment issues in small businesses, ensuring your rights are protected. 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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