Sexual Harassment Discrimination!

Employers and supervisors in Massachusetts may not sexually harass their employees by way of either direct or indirect innuendo.  Where a supervisor’s conduct has the purpose and effect of unreasonably interfering with employee's work performance by creating intimidating, hostile, humiliating, and sexually offensive work environment, Massachusetts courts have classified such conduct as sexual harassment.  Cardona v. Conn. Car Rental, 20 Mass. L. Rep. 82 (2005). More specifically, under Massachusetts law, it is an unlawful practice for an employer, as defined in Mass. Gen. Laws ch. 151B, § 1(5), to sexually harass any employee. Sexual harassment as defined in Mass. Gen. Laws ch. 151B, § 1(18)(b) includes sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which has the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Moreover, Sexual harassment is not limited to any verbal conduct of a sexual nature which is found to interfere unreasonably with an employee's work performance through the creation of a humiliating or sexually offensive work environment can be sexual harassment under Mass. Gen. Laws ch. 151B.  Melnychenko v. 84 Lumber Co., 424 Mass. 285 (1997).

Under Massachusetts law, an employee has the right to be free from unreasonable, substantial, or serious interference with privacy, as stated in G. L. c. 214, § 1B, ID.    Where a supervisor’s misconduct occurs at the defendant's place of business while he or she holds a supervisory position, the sexually harassing conduct falls within the scope of employment for purposes of G. L. c. 214, § 1B.  College-Town, Div. of Interco, Inc. v. Massachusetts Comm'n Against Discrimination, 400 Mass. 156, 165-167, 508 N.E.2d 587 (1987).