Boston Sexual Harassment Attorneys
75 Years of Combined Experience Serving Middlesex, Essex & Suffolk Counties
Led by John Davis, Davis & Davis, P.C. has represented hundreds of victims of workplace sexual harassment, recovering millions of dollars for clients. If you or a loved one has fallen victim to workplace harassment, our Boston sexual harassment lawyers are equipped to deliver justice.
Please call us if you are feeling:
- Scared
- Feel victimized
- Have questions about your situation
Sometimes victims don’t even know they have been wronged. If you even have the slightest idea that an activity or interaction borders on sexual harassment, you owe it to yourself to at least seek counsel with an experienced attorney in Boston near you.
If you feel victimized, call (978) 228-2262. If it is after our normal business hours and you need assistance you can also email us by completing our online contact form. Our sexual harassment lawyers in Boston are ready to answer your questions.
What is Sexual Harassment?
Sexual Harassment is behavior that creates unwelcomed sexual physical advances and inappropriate sexual remarks in the workplace or in public social areas. Sexual harassment takes on multiple forms in the workplace. It can be categorized as the following behavior from an employer, coworker or client.
The following describes environments of sexual harassment:
- Unwelcome sexual advances
- Verbal/physical conduct of a sexual nature
- Sexual assault
- Quid pro quo
Sexual harassment is considered a form of sex discrimination as expressed under Title VII of the Civil Rights Act of 1964. It holds employers and employees to a base standard of conduct across the United States. In addition, Massachusetts also has a series of laws and regulations on the books to strengthen protections for workers in the state.
Employers with more than 15 employees are governed by federal statutes under Title VII. Employers with less than 15 employees are governed by state and local laws.
Two Types of Sexual Harassment at Work
Under the law, there are two types of sexual harassment: quid pro quo and hostile work environment.
Quid pro quo occurs when a person in authority demands that a subordinate tolerate sexual harassment as a condition of:
- Getting a job
- Keeping their job
- Attaining a job benefit such as a raise or promotion
Quid pro quo harassment originates from supervisors or managers and is an imbalance of power that creates a hostile work environment. A single instance of this type of behavior is enough to file a quid pro quo claim. However, when there is an ongoing pattern of sexual harassment, it may be enough to qualify as the other type of sexual harassment that involves unwanted sexual advances or sexual misconduct.
Consistent sexual harassment by a coworker or superior can create a hostile environment. In cases such as these, it is also crucial to retain an employment attorney to protect your rights.
If you have experienced any of the above at your place of work, do not hesitate to contact the Boston sexual harassment attorneys at Davis & Davis, P.C. We have helped numerous clients navigate their cases in a confidential and compassionate manner. Please call us today for a consultation.
What Constitutes Harassment in Massachusetts?
Our firm is committed to serving the community. As such, we want you to know what constitutes sexual harassment. Massachusetts Law Chapter 151B Section 3A goes into detail on how employers are required to address sexual harassment and defines these laws to protect victims of all gender and sexual orientation from such abuse.
Specifically, sexual harassment does not have to include:
- Physical touching
- Sexual assault
Sexual harassment is often verbal. Sometimes it is obvious, such as:
- Sending photographs containing nudity
- Making inappropriate sexual comments
However, sexual harassment can also include less obvious examples. Under certain circumstances, a supervisor or co-worker making jokes of a lewd or offensive nature can be construed as sexual harassment under the law.
Focused on protecting employees from such misconduct, the law strives to ensure that the workplace never becomes a hostile environment. If your workplace has become a hostile environment based on sexual “jokes,” comments, or conduct, Davis & Davis, P.C. is ready to help.
Can Sexual Harassment Be Perpetrated By Someone of the Same Sex?
Sexual harassment can be perpetrated by anyone including someone of the same sex. The laws prohibiting sexual harassment are gender neutral which means the perpetrator and the victim may be of the same sex. The sexual harassment can be between male and male or female and female.
Sexual Harassment is Not Limited to Employer & Employee
Traditionally, workplace sexual harassment has been defined as unwelcome verbal or physical sexual harassment between an employee of a company and his/her supervisor or co-worker. However, many courts, including the Massachusetts Supreme Judicial Court and the Federal First Circuit Court of Appeals (which includes Massachusetts) have expanded sexual harassment to include unwelcome conduct from third parties (vendor or customer) to an employee.
This type of sexual harassment becomes unlawful only if the employer had actual knowledge of the unlawful conduct. Employers must be aware that they can be held liable for the actions of third parties and should distribute workplace policies to all individuals who have significant contact with its employees. Employers should also be diligent in training their management to encourage its employees to report any unwelcome harassment.
The first step is to report the problem to someone in a management role. If your employer has no clear policy on how to report sexual harassment, simply report the concerns to your manager and do not assume that your employer already has knowledge.
What To Do If Sexually Harassed At Work
If you experience sexual harassment in the workplace, it's crucial to take specific steps to protect yourself and address the situation effectively. Start by documenting any incidents in detail, including dates, times, locations, individuals involved, and what was said or done. This record can be valuable if you decide to take legal action or report the harassment.
It is critical that you report the sexual harassment to your employer or human resources department in accordance with your company's formal reporting procedures. Your employer is required by law to look into the situation right away and take appropriate action.
Learn about your rights under federal and state laws and examine your company's sexual harassment policy. If your employer does not respond appropriately, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC). You could also consult with a qualified employment lawyer to evaluate your legal options.
To help you deal with the emotional effects of harassment, you should also think about getting assistance from friends, relatives, or a therapist. Be sure to give your health priority during this time.
What Can Happen After I Report Sexual Harassment?
Reporting sexual harassment can lead to several effects.
They include:
- First, your employer may investigate the allegation
- Speaking with the alleged harasser and any witnesses
- May participate in the EEOC’s investigation
- Potential litigation (depositions, trial, any other related activities)
Contacting a sexual harassment attorney near you may help you prepare for your report or help you prevent negative outcomes to report.
Resolving Sexual Harassment Claims Confidentially & Professionally
Unfortunately, sexual harassment is still prevalent but there is a way to fight back. Your sexual harassment lawyer can help by empowering you and allowing you to take control of the situation. According to RAINN, a national agency protecting victims of sexual abuse, many victims of sexual abuse feel at fault.
Attorney John Davis has decades of experience in this area of the law and it is his passion to defend victims. Know that you are not alone when you have Davis & Davis, P.C. on your side.