(Last Updated On: February 21, 2025)
Many employees in Boston and Natick workplaces are returning to their offices after a brief holiday break and following the New Year. For a large percentage of those employees, the holiday season involved workplace social events that employees were either required or encouraged to attend, and alcohol was served at many of those events. Even after the holiday season, workplace social events are relatively common, including after-hours receptions for clients, weekend events, and more. Employees who experience sexual harassment at workplace social events often want to know: is sexual harassment actionable outside the workplace when it takes place at a work-related social event?
In nearly all cases, sexual harassment that occurs at a work-related event is unlawful. Massachusetts state law, as well as Title VII of the federal Civil Rights Act of 1964, prohibits various forms of sexual harassment in employment, and those prohibitions extend to social events that are tied to the work environment. Our Boston employment law attorneys can explain in more detail.
Sexual Harassment is Unlawful Outside the Workplace When there is a Link to the Workplace or to the Employment Relationship
Whether you experienced sexual harassment in person at a workplace holiday party or you have witnessed ongoing sexual harassment at monthly weekend social events or company dinners that employees are encouraged to attend, it is important to know that sexual harassment that occurs at these kinds of events is unlawful.
According to Massachusetts law arising out of the case of Cahill v. Silva (2011), “harassment that occurs outside of the workplace may be actionable if there is a sufficient link with the workplace or employment relationship or both.” To determine whether this connection exists such that the sexual harassment is actionable, the Massachusetts Commission Against Discrimination (MCAD) looks at a range of factors, including but not limited to the following ones:
- Did the conduct adversely affect the terms and conditions of the employee’s employment or work environment?
- Did the conduct happen at a workplace event?
- Did the conduct occur during work hours?
- What was the relationship between the employee and the party accused of sexual harassment?
- What was the nature of the outside-work sexual harassment?
- How severe was the outside-work sexual harassment?
To be clear, this list is not exhaustive, and all of the questions do not need to be answered in the affirmative in order for sexual harassment to be unlawful and actionable. MCAD emphasizes that it may consider any of the above factors, as well as other relevant information, but ultimately, “harassment claims can involve conduct entirely inside the workplace, outside the workplace, or a combination of both.”
Forms of Sexual Harassment at Workplace Events and Social Gatherings
There are two primary types of sexual harassment that can be actionable in Massachusetts, and either type of sexual harassment can occur at workplace social events. These types of sexual harassment include:
- Quid pro quo (“this for that”) sexual harassment, in which a supervisor (or employee in a supervisory role) requests or demands sexual favors from an employee in exchange for some type of workplace benefit, which can range from something like a promotion to the ability to keep a job; and
- Hostile work environment harassment, in which any party in or around the workplace perpetrates harassing behavior that is so “intimidating, hostile, humiliating, or sexually offensive” that it affects an employee’s ability to do their job.
Quid pro quo harassment claims must be filed by the targeted employee, and there must be a supervisory relationship between the harasser and the employee. Differently, with hostile work environment sexual harassment, any affected employee may file a claim, and the harassment can be the result of language or behavior from anybody in the workplace, including a supervisor, co-worker, client, customer, or regular service provider.
Either type of sexual harassment may occur at a workplace social event, although quid pro quo harassment may be more common. It is important to know that quid pro quo harassment can occur with just a single comment or question from a supervisor. For hostile work environment sexual harassment to exist, a single action or statement may be so severe that it is sufficient for a claim, although these types of harassment cases frequently do involve language or behavior repeated over time.
Contact a Massachusetts Discrimination Attorney Serving Clients in Natick and Boston
If you experienced any type of sexual harassment at a workplace social event, even if it was outside work hours, you may be able to file a sexual harassment claim under Massachusetts state or federal law. One of our experienced Boston employment law attorneys can speak with you about your options based on the facts of your case and your particular experience. Contact Rodman Employment Law today for assistance.
