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Employer Retaliation for Reporting Sexual Harassment

Employer Retaliation for Reporting Sexual Harassment
Anna worked at a restaurant that was part of a national chain.  She was hired as Assistant General Manager, and other employees were told that she would be the "future General Manager" of the restaurant, which had newly opened.

Almost immediately after she met the man who was serving as General Manager at the time, he began sexually harassing her.  On the first day, he asked for her phone number.  On the second day, he researched her home address and began talking to her about how close he lived to her.  In the following weeks, he 
would repeatedly rub her shoulders, touch her waist, approach her when she was alone in the employee coat room, and on two occasions groped her inner thigh.  He also asked personal and probing questions about what she did outside of work.

Anna first reported this behavior to management about two months into her employment, and was told to "lay low," and that it would be taken care of.  Immediately following this report, the General Manager pulled her into his office, locked the door, and told her she should stop complaining, and should consider what would happen to her two young children if she got fired.

When she reported this to the individual above the General Manager, he too told her that if she went over his head and reported to upper management, it would ruin her chances of promotion, and that this wasn't worth losing her job over.

Finally, Anna did request a meeting with corporate Human Resources, at which she described everything that had happened to her over the past few months.  She was terminated on her next scheduled shift after this meeting, based on an unfounded and untrue allegation that she had taken $40.00 from the register at her prior shift.


The termination itself was devastating to Anna.  She and her two young children were evicted from their apartment, lost their car, and had to move in with a family member in order to survive.  Equally devastating was the humiliation and stress she experienced daily at the hands of the General Manager, compounded by the indifference of management to her situation.

Retaliation Solution

We filed a complaint on Anna's behalf with the Massachusetts Commission Against Discrimination ("MCAD") against the company and the General Manager.  By the time the complaint was served, the General Manager had left the state and was no long affiliated with the company.  He never responded to the complaint or participated in the litigation.

During the MCAD proceeding, we went to mediation and were able to obtain a settlement for Anna to compensate her for the harm she suffered as a result of reporting sexual harassment in the workplace.

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Postscript

Anna was able to get back on her feet as a result of the settlement, and also get some measure of satisfaction that the employer had been held accountable for its indifference and retaliatory actions.

If you are in a similar situation, remember that both the harassment itself and retaliation are unlawful.  You have the right to report inappropriate behavior, and to be free from threats, intimidation, demotion or termination as a result of your good faith report.

How We Can Help

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We have years of experience representing people who have faced retaliation at work for engaging in activities that are protected under the law, 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 >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • 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