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Workplace Harassment in a Small Business

The most common law used to protect against sexual harassment in the workplace is the state anti-discrimination law (Chapter 151B).  However, this law applies only to business with more than six employees.

But small business are not immune from sexual harassment.  In fact, it is extremely common in smaller workplaces, where rules and procedures may be more casual.

If you do a google search to find out your rights under Massachusetts law, you may only see references to Chapter 151B and become discouraged. Or, if you are a small business owner, you may see this and believe you do not have any legal risk if there is harassment in your workplace.

What many people do not know is that there is a separate set of statutes in Massachusetts that prohibit sexual harassment and retaliation for reporting harassment that do not have any minimum number of employees to apply.   Massachusetts courts have made clear that this law, Chapter 214, is broader and “ensures that all employees are protected against sexual harassment in the workplace, whether or not their employers fit within the definition of the term employer in c. 151B." Chapin v. Univ. of Massachusetts at Lowell 977 F. Supp. 72, 82-83 (D. Mass. 1997).

This means that if you are subject to sexual harassment (unwelcome advances, requests for intimacy or sexual activities by a supervisor, inappropriate comments, for example), you have rights no matter how big or small your workplace is.  And if you are a small business owner, you need to be careful that these things are not happening in your business, no matter how small your business is.

Need Help With a Sexual Harassment Problem?

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Wondering What Your Rights Are if You Are Dealing With Sexual Harassment at Work?

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How to Report Harassment in a Small Business

In a larger company, you would have a Human Resources department or other designated person that you could bring a report of harassment to.  In the small work environment, it can be less clear.  This is particularly true if it is the owner/boss who is the harasser.

If the harasser is someone other than the owner, it is important to make sure the owner is aware of what is happening.  They are not allowed to retaliate against you for making the report.  They also cannot be held responsible for not addressing the situation if they don't know about it.

You do not need to use any magic words or special form.  It could be as simple as an email or a note to the owner identifying the behavior and that it is making you uncomfortable.  The owner should then investigate the situation.  This may mean talking to you to find out more details.  It should not mean that you have to discuss the problem with the person who is doing the harassing.

if it is the owner who is the problem, you should make sure you have clearly communicated that the behavior is unwelcome, but you can move directly to a legal claim without making a formal report.

Can You Quit the Job and Still Bring a Harassment Claim?

You are not required to continue working in an intolerable environment.  If you voluntarily resign, that could affect your ability to recover for lost wages, but you can still recover for the emotional distress caused by the behavior.

Also, if the situation is so bad that a "reasonable person" would not continue working there, you may still have a claim for lost wages, on a theory that you were constructively discharged.  It is worth consulting with an employment lawyer before taking this step- the standard for proving constructive discharge is highly fact specific, and you might want to know beforehand what your chances are of establishing it.

How to Bring a Harassment Claim Against a Small Employer

Though the law that covers smaller employers is different, the steps are the same as if you were bringing a claim against a larger company.  You have to first file a complaint with the Massachusetts Commission Against Discrimination ("MCAD") or the federal Equal Employment Opportunity Commission ("EEOC").  Your initial complaint must be filed within 300 days of the events, which is approximately ten months.  After you make this filing, you will have the option to remove the case from the agency and file in state or federal court.

300 days can go by quickly, and if you miss this deadline, you might be barred from seeking any remedy.  You should not wait to consult with an employment attorney to understand your rights.

How Our Employment Lawyers Can Help

Sexual harassment in a small business employment lawyer Emily Smith-Lee
10.0Emily E. Smith-Lee
Sexual Harassment in a small business employment attorneys slnlaw
If you feel that you are the target of sexual behavior, misconduct or harassment, we can help.  We will 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, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers >
      • Hiring Independent Contractors in Massachusetts
      • Termination Best Practices
      • Workplace Discrimination Employer Guide
      • Employee Handbook >
        • Employee Handbook Basics
      • Paid Family Leave and Your Small Business
      • Overtime Law for Employers
      • Employee Complaints About Pay
      • Employee Non Competes
    • Advice for Employees >
      • Employment Case Assessment
      • Discrimination in the Workplace
      • Sexual Harassment at Work >
        • Sexual Harassment Resources
        • Sexual Harassment in a Small Business
        • Constructive Discharge
        • Sexual Harassment and Non Disclosure Agreements
        • Sexual Harassment and Remote Work
        • Sexual Harassment Case Studies
      • Massachusetts Paid Family Leave
      • Non Compete Agreements >
        • Are non competes enforceable
        • Massachusetts Non Compete Act
        • Pre 2018 Massachusetts Non Competes
        • Non Compete Case Studies
        • Can I Avoid My Non Compete
      • Independent Contractor Law >
        • Independent Contractor Test
        • Working As Independent Contractor
        • Independent Contractor Case Studies
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Massachusetts Minimum Wage
        • Overtime Law >
          • Overtime Exemptions
          • Employee Travel Time
          • Federal or State Overtime Law
        • Overtime Law Case Studies
        • Massachusetts Wage Act >
          • Payment of Commissions
          • Wage Deductions
          • Late Payment of Wages
          • Paid Time Off
        • Wage Act Case Studies
        • What Are Your Wage and Hour Rights
      • Employment Contracts in Massachusetts >
        • Restrictive Covenants
        • Promissory Estoppel
      • Employment Termination >
        • Severance Pay
        • Should I Accept a Severance?
    • Unemployment in Massachusetts >
      • Unemployment Overpayment
      • Pandemic Unemployment
      • Unemployment Case Studies
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection >
      • Why You Need an Estate Plan >
        • Why You Don't Have an Estate Plan
      • Massachusetts Estate Tax
      • Asset Protection Trusts
      • Children with Special Needs
    • Planning for Assisted Living
    • Is Your Will Enough >
      • Special Circumstances >
        • Estate Planning for Blended Families
        • Estate Planning for a Non Citizen Spouse
        • Estate Planning and Divorce
        • Estate Planning for Small Business Owners
      • Surviving Spouse's Share
      • Disinheriting Children Massachusetts
      • Updating Your Estate Plan
    • Estate Planning Documents >
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
      • Last Will and Testament
      • Durable Power of Attorney
      • Massachusetts Health Care Proxy
      • Life Estates in Massachusetts
      • Massachusetts Pet Trust
    • Probate Process >
      • Non Probate Assets
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
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  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
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    • Commission Pay FAQs
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