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Sexual Harassment in a Residential Care Facility

Sexual Harassment in Residential Care Facility
Grace worked in a residential care facility that served adults with developmental disabilities.  Her job involved assisting residents with their activities of daily living and other needs, and were often performed in the residents' private rooms.

At some point during her employment, Grace was transferred to a different part of the facility, where she had to work alongside of a male co-worker named John.  From the beginning of her new assignment, John made repeated sexual comments toward her, including interjecting when she offered assistance to a resident, saying "why don't you give me a shower" or "why don't you put me to bed."  On another occasion he teased her about how she should take a plumbing course so she could learn to "lay pipe," and made other sexually suggestive comments to her in the hallways.

After she reported this behavior, her manager insisted on meeting both her and John together in a private apartment, then left them to work alone together for the rest of the shift, despite John's obvious anger toward Grace in the meeting.

The alleged investigation into Grace's complaint was still not completed more than six months after she raised the issue.  In the meantime, she began receiving disciplinary warnings and threats of termination over minor infractions.  The stress of these warnings as well as the harassment and overall retaliatory response caused her to develop severe anxiety and panic attacks, which led to an extended medical leave before she finally resigned.

Harassment Solution

We helped Grace file a complaint with the Massachusetts Commission Against Discrimination ("MCAD"), which we later withdrew in order to file a civil lawsuit.  After some written discovery, which supported Grace's recollection of key events, we were able to negotiate a settlement payment that compensated her for the loss of her job and what she had experienced.

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Postscript

If you are in a similar situation, you should know that you have a right to report the harassment without retaliation, and that you should never be forced to confront your harasser directly as part of the investigation.  It is never too early in this process to connect with an experienced employment attorney, who can help you understand your rights and options from the very beginning.

How We Can Help

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We have years of experience representing victims of workplace harassment, and we would be happy to help you. 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
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • 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
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog