(Last Updated On: October 11, 2024)
In Boston and Natick and throughout the state of Massachusetts, harassment in the workplace can take many different forms. It is essential for employees and employers alike to understand what constitutes unlawful harassment in the workplace. Certain forms of harassment are prohibited under both Massachusetts state law and federal law, and state law, in general, covers a broader range of employers than federal law does. Accordingly, whether you file a harassment claim under state or federal law will depend in part on which law covers your employer.
Generally speaking, sexual harassment and harassment on the basis of belonging or perceived belonging to a protected class are unlawful, and employees who experience any of these forms of harassment may be able to file an employment discrimination claim. Depending on the type of harassment, employers may also be required to have certain preventive and remedial practices in place, otherwise they can be liable in some situations.
Types of Prohibited Harassment in Massachusetts Workplaces
In general, there are two different broad types of harassment that are unlawful in Massachusetts workplaces:
- Sexual harassment; and
- Harassment based on actual or perceived belonging to a protected class.
Sexual harassment is unlawful as a form of sex discrimination under Title VII of the Civil Rights Act of 1964 and Chapter 151B of Massachusetts General Laws. When harassment occurs because of a person’s belonging or perceived belonging to a protected class, Massachusetts General Laws also prohibit this type of harassment. The Massachusetts Commission Against Discrimination (MCAD) clarifies that “Chapter 151B prohibits workplace harassment on the basis of actual or perceived membership in a protected class, or the association with others who are members of a protected class.” Various federal laws also provide protections against these forms of discrimination, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA).
Within these types of prohibited harassment, there are two recognized types of harassment: quid pro quo (or “this for that”) harassment and hostile work environment harassment. Quid pro quo harassment occurs when an employee is offered benefits in exchange for or as a condition of continued employment or submitting to requests from the employer or a supervisor. Quid pro quo harassment is typically associated with sexual harassment, where employment is conditioned upon, or benefits are offered in exchange for submitting to sexual advances or sexual requests. Hostile work environment harassment refers to language, actions, and/or behavior that are severe enough to interfere with an employee’s work by creating a hostile work environment.
Who Can File a Workplace Harassment Claim
For quid pro quo harassment claims, the employee who is the subject of the harassment must file the claim.
For hostile work environment claims, anyone who is affected — for whom a hostile work environment exists — due to the harassment may be able to file a claim, even if they are not the target of the harassing behavior.
Harassment Can Occur In-Person or Remotely, During or Outside Work Hours
It is critical for employees and employers to know that harassment can occur in the workplace, but it is not limited to in-person interactions. Harassment can also occur remotely or electronically, and it can happen during or outside work hours.
Harassment can involve verbal or oral comments, unwanted touching, the display of offensive materials or images, derogatory statements, emails, texts, verbal comments, or written chat notes in a Zoom meeting, and more. Unlawful harassment encompasses a very wide range of actions.
Employer Responsibilities
In general, employers should have policies in place that are designed to prevent any form of harassment in the workplace. State and federal laws also have various notice requirements, meaning that employers are required to inform employees about their rights concerning harassment and discrimination.
For cases of sexual harassment, in particular, employers in Massachusetts must have a written policy prohibiting sexual harassment, and they can be liable when any employee with supervisory authority in the workplace commits sexual harassment.
Filing a Harassment Claim
Depending on whether you are filing a claim under state law or federal law, you will file either with the MCAD or with the US Equal Employment Opportunity Commission (EEOC).
As noted above, Massachusetts law is broader than federal law because it covers more employers, which means more employees are protected by state laws prohibiting certain forms of harassment. In general, Massachusetts with six (6) or more employees are covered and must comply with Massachusetts General Laws protecting employees from harassment in the workplace. Federal laws, depending on the law, cover employers with either 15 or more employees or 20 or more employees.
Contact a Massachusetts Employment Law Attorney
Our experienced Boston and Natick employment law attorneys can provide you with more information about harassment claims in Massachusetts workplaces, and we can speak with you today to provide tailored advice concerning your particular experience. Contact Rodman Employment Law for more information.
