I'm being harassed...what should I do? When is harassment unlawful? What is sexual harassment?
1. Not all harassment or bullying is unlawful. Whether there is anything the law can do for you depends on the nature of the harassment or hostile work environment and the motive. If your boss mistreats and abuses everyone (an "equal opportunity" jerk), there might not be a legal remedy. If possible, consult with an attorney to help sort this out and consider your options. To find a law firm, call the Boston Bar Association Lawyer Referral Service (617-742-0625) or the Massachusetts Bar Association Lawyer Referral Service (617-654-0400).
2. If you think you're being sexually harassed or harassed because of your race/color, national origin, age (over 40), sex, disability, religion, sexual orientation/identity/expression or other protected category, or because you have complained about unlawful discrimination, you need to consider whether to file a complaint with the Massachusetts Commission Against Discrimination (MCAD). If you fail to file a complaint at the MCAD within 300 days of any harassment, you might lose the right to take further legal action.
3. About sexual harassment
Sexual harassment (including same-sex harassment) is a form of discrimination. There are two main categories of sexual harassment: "Quid pro quo" harassment and "hostile work environment" harassment.
Quid pro quo sexual harassment occurs whenever an employee is asked to submit to or tolerate sexual conduct in exchange for keeping their job, getting workplace benefits or opportunities, or avoiding negative consequences. Such a condition can be clearly stated or hinted at.
Hostile work environment sexual harassment occurs whenever sexual conduct creates an “intimidating, hostile, humiliating, or sexually offensive work environment” that makes it harder for an employee to do their job or fully participate in the workplace.
4. The Massachusetts Commission Against Discrimination has more information about unlawful harassment, and employer responsibilities, under Massachusetts law.
5. You need to decide whether to report the harassment to a supervisor or human resources official. If you don't report the harassment, the company might not know what's going on and won't be able to take corrective action. Also, if the company doesn't know about the harassment, it might not be legally responsible. If you decide to report the harassment, it is usually best to follow the company's procedures for reporting it. Check your employment handbook and discrimination/harassment policy, if the company has them.
6. Do not give your employer an excuse to take disciplinary action against you. Follow all workplace rules and policies, and act reasonably.
7. Keep a journal of significant work-related events. Don't keep the journal at work, or on an employer-provided computer or device. Don't secretly record anyone. Don't take any documents or records or property if you do not have authorization.
8. If the harassment is causing medical or emotional problems, seek medical attention.
9. If you are a union member, you should consult with your union representative.
10. If you are not sure what to do, call us at 617-902-0192.
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