An individual who thinks they have been the victim of sexual harassment in their workplace is right to focus on the issue of evidence of the harassment. They definitely need evidence to prove that they have been harassed, whether their harassment consists of being made to work in a hostile work environment or quid pro quo demands.
A victim needs evidence to prove the conduct that was perpetrated by supervisors or co-workers in their workplace and the effect that the conduct had on the victim. They would also want to collect evidence of their reporting of the harassment to management, how and when it was reported, and what management’s response was.
Sexual harassment evidence would be documents of any kind relating to the events that the victim has experienced. The testimony of witnesses who may have witnessed any of the events that comprised the harassment, the effects on the victim and the response of management would be invaluable. Photos, videos, email, and text messages that relate to the harassment also constitute evidence.
A victim would do well to seek a legal consultation with a Massachusetts lawyer. Their lawyer could analyze the facts, identify potential evidence and help the harassed employee figure out how to obtain and preserve the evidence they need to prove their case.
What Are the Elements of a Sexual Harassment Claim?
In Massachusetts, both state and federal laws protect workers from sexual harassment in their workplaces. Title VII of the Federal Civil Rights Act (FCRA) says that employers may not discriminate against employees on the basis of their membership in a protected class, e.g., their race, religion, gender, disability status or national origin. The FCRA prohibits sexual harassment because it is considered gender-based discrimination.
The Massachusetts Fair Employment Practices Act (FEPA) prohibits sexual harassment in businesses that have more than 6 employees. So, if the business for which an employee works has more than 6 employees, it may have violated the FEPA in addition to federal laws that make sexual harassment in the workplace illegal.
In a place of employment, any unwelcome sexual advances, requests for sexual favors or any other conduct of a sexual character is prohibited if either of the following is true:
- Quid Pro Quo Harassment: A person in authority makes agreeing to a sexual advance a condition of employment. Or, agreeing to or rejecting a request for a sexual favor is used as a basis for making decisions about an individual’s continued employment or receiving some other benefit, e.g., a promotion or a raise; or
- Hostile Work Environment Harassment: The sexual harassment interferes with an employee’s ability to do their job because it creates an intimidating, offensive or hostile work environment.
The Massachusetts FEPA also prohibits an employer from retaliating against an employee who complains about the sexual harassment they have experienced. Any conduct intended to deter or discourage a person from filing a report or complaint of sexual harassment, or participating in an investigation conducted by a state or federal agency, is retaliation.
Title VII of the 1964 Civil Rights Act (CRA), a federal law, prohibits sexual harassment as a form of discrimination in workplaces. When such harassment contributes to creating a hostile work environment or leads to negative consequences in terms of employment decisions, it violates federal anti-discrimination laws. Like Massachusetts law, federal law also prohibits retaliating against an employee for making a complaint about sexual harassment.
Courts have found the following conduct to violate the federal CRA:
- Making threats of sexual violence
- Touching of any kind that is uninvited
- Asking a person questions about their sexual fantasies and sexual preferences
- Making obscene gestures
- Frequent joking of a sexual nature
- Using stereotypes about a person’s gender
- Using offensive or crude language, such as slurs based on a person’s gender
- Stalking, via the mail or leaving notes, phone calls, emails, or asking a person for a date after the person has declined an invitation
- Spreading information in a person’s place of employment about their sex life.
Massachusetts employment laws define sexual harassment similarly to the federal CRA.
In Massachusetts, if an individual thinks that they have been the victim of sexual harassment, they have the option of submitting a complaint to the federal Equal Employment Opportunity Commission (EEOC). After receiving a complaint, the EEOC staff would investigate the complaint and provide possible remedial action if the facts warrant it.
Sexual harassment laws enforced by the federal EEOC require a person to file a complaint with the EEOC before they can file a lawsuit for unlawful discrimination. However, the EEOC only handles complaints against employers who have 15 or more employees.
The Massachusetts Commission against Discrimination (MCAD) is the state agency that handles complaints regarding sexual harassment in that state. A victim can submit a complaint online or at a local MCAD office. Again, MCAD accepts complaints against businesses that have more than 6 employees. The MCAD investigates workplace sexual harassment claims and can provide remedies.
How Can I Prove a Sexual Harassment Claim Against a Supervisor?
Again, evidence is critical for making a case against a supervisor for sexual harassment in the workplace. As soon as an individual is subjected to harassing conduct, whether quid pro quo or hostile environment harassment, they would want to start thinking about evidence.
Again, a consultation with a Massachusetts lawyer would help a person identify what kind of evidence they need and how they could go about locating it. A lawyer could advise them as to what evidence would be admissible in court and has the most value for proving one’s case.
An individual’s lawyer would be able to help a victim identify the type of harassment they have experienced. They would also be able to guide them through the legal process for getting relief.
How Can I Prove a Sexual Harassment Claim Against a Co-Worker or Other Individual in Massachusetts?
Again, the process for bringing a complaint against a co-worker would be the same as for a claim against a supervisor. The victim would have to prove that the sexual harassment in fact occurred and what the consequences were, e.g., an intolerably hostile work environment was created by continual harassment. They would want testimony of witnesses, documents, emails and text messages, photos, videos and voice recordings if this evidence is available.
How Can I File a Work Sexual Harassment Claim in Massachusetts?
A person who wants to file harassment charges in Massachusetts has choices to make. As noted above, one option is to file a complaint with the federal EEOC. In fact, if a person wants to rely on federal law to seek a remedy for the harassment they have suffered, they must file a complaint with the EEOC. They need a “right-to-sue” letter from the EEOC before they can file a lawsuit in a civil court.
As noted above, a worker must be employed by a business that has 15 or more staff members in order to file with the EEOC. If that is the case, the person faces a deadline for filing a complaint with the EEOC of 180 days from the date of the last harassing act. The deadline is prolonged to 300 calendar days if the victim first turns to a Massachusetts state agency to enforce state law prohibiting sexual harassment in employment.
The MCAD is the Massachusetts state agency that handles sexual harassment claims in the state of Massachusetts. The MCAD also investigates workplace sexual harassment claims. A person must file a complaint of sexual harassment claims with the MCAD within 300 days of the sexual harassment. Again, Massachusetts sexual harassment laws apply to businesses with more than 6 employees only.
Do I Need To Hire a Lawyer if I Have a Workplace Sexual Harassment Claim in Massachusetts?
If you have experienced sexual harassment in your workplace, you want to talk to a Massachusetts sexual harassment lawyer as soon as possible. It is important to talk to a lawyer right away because your lawyer can help you identify the evidence that can help prove your case. Your lawyer can also assist you in collecting the evidence you identify.
Evidence to prove the conduct that constitutes the harassment, as well as its effect on you and the response of management to your complaint about it is all critical to getting you the remedy you deserve as compensation for the harassment to which you were subjected.
