If you were a victim of sexual harassment in Massachusetts, you may be eligible to file a claim against your employer for sexual harassment. There are state and Federal laws that protect people from sexual harassment in Massachusetts. Please know that if you have experienced sexual harassment at work, it’s not your fault.
What Massachusetts laws protect against sexual harassment?
Workers in Massachusetts are protected by both state and Federal laws. Title VII of the Federal Civil Rights Act says that employers can’t discriminate against employees on the basis of their race, religion, gender, sex, or where they are from. Sexual harassment is considered to be gender-based discrimination, so it’s illegal under Title VII.
The Massachusetts Fair Employment Practices Act prohibits sexual harassment in workplaces with six or more employees. So if your workplace has more than six employees, your employer may have violated the Massachusetts Fair Employment Practices Act as well as Federal laws that make sexual harassment illegal.
What is considered sexual harassment?
Sexual harassment in the workplace includes actions like:
- Unwanted sexual advances
- Inappropriate touching
- Sexual comments or jokes
- Displaying sexual images or materials
- Making sexually suggestive gestures or sounds
- Spreading sexual rumors or gossip
- Sending inappropriate messages
- Threatening to fire someone for not engaging in sexual acts
- Creating a sexually hostile work environment
- Retaliation for reporting harassment
How is sexual harassment covered by law in Massachusetts?
The Massachusetts Fair Employment Practices Act applies to any business that has more than six employees. So, if you work at a business that has more than six employees, you are protected by the MFEPA.
Title VII of the Civil Rights Act applies to:
- Private employers with 15 or more employees.
- Federal, state, and local government employers.
- Employment agencies.
- Labor unions with 15 or more members.
- Apprenticeship programs and training programs.
Where to file a workplace sexual harassment claim in Massachusetts
If you experienced sexual harassment in Massachusetts, you can file a claim with the Massachusetts Commission Against Discrimination. You can fill out a complaint online, or at a local MCAD office.
You can also file a claim against your employer with the Equal Employment Opportunity Commission if your employer meets the Federal standard for Title VII coverage. You can file an EEOC complaint online or over the phone. You can also visit an EEOC office if you need help with your complaint.
How long do I have to file a sexual harassment claim in Massachusetts?
The law limits the amount of time that you have to file a sexual harassment claim in Massachusetts. You must file an MCAD complaint against your employer within 300 days. The EEOC has a time limit of 180 days for most complaints, unless the state limitation is higher. Since the statute in Massachusetts is 300 days, the EEOC deadline for you is also 300 days.
Getting help filing a sexual harassment claim in Massachusetts
Filing a successful sexual harassment claim in Massachusetts can be difficult. It’s much easier if you have help from an experienced sexual harassment attorney. A sexual harassment lawyer can help you fill out your claim, gather evidence, and fight for your rights.
