Massachusetts Sexual Harassment Laws: Know Your Rights

Quick Answer: Sexual harassment is illegal in Massachusetts under Chapter 151B at employers with 6+ employees. Both quid pro quo and hostile work environment harassment are prohibited. File complaints with MCAD within 300 days. Strong enforcement and remedies available.

Massachusetts provides robust sexual harassment protections.

Massachusetts Sexual Harassment Protections

Chapter 151B

Prohibits:

• Sexual harassment
• Sex discrimination
• Retaliation

Applies to:

• 6+ employee employers
• Broader than federal (15+)

Federal Title VII

Also provides:

• Same protections
• 15+ employees
• Workshares with MCAD

Types of Sexual Harassment

Quid Pro Quo

"This for that":

• Job benefits conditioned on sexual favors
• Submission as employment condition
• Usually involves supervisor

Hostile Work Environment

Pervasive conduct:

• Severe or pervasive behavior
• Creates intimidating environment
• Affects work performance

What Constitutes Harassment

May Include

Prohibited conduct:

• Unwanted sexual advances
• Requests for sexual favors
• Sexual comments or jokes
• Offensive touching
• Sexual images
• Sexually explicit communications

Must Be

To be actionable:

• Unwelcome
• Based on sex
• Severe or pervasive
• Affecting work environment

Employer Liability

Supervisor Harassment

Employer liable when:

• Supervisor harasses
• Tangible employment action
• Or inadequate response

Coworker Harassment

Employer liable if:

• Knew or should have known
• Failed to take action

Filing Complaints

MCAD (State)

Massachusetts Commission Against Discrimination:

• Phone: 617-994-6000
• Boston, Springfield, Worcester, New Bedford
• Deadline: 300 days

EEOC (Federal)

Also available:

• Phone: 617-565-3200
• Workshares with MCAD

Proving Sexual Harassment

Elements

Must show:

• Unwelcome conduct
• Based on sex
• Severe or pervasive
• Affected work environment
• Employer knew/should have known

Documentation

Gather:

• Written records
• Witness names
• Dates and times
• Evidence of reporting

Common Scenarios

Scenario 1: Supervisor Demands

Situation: Boss conditions promotion on dating.

Analysis: Quid pro quo harassment. Report and file.

Scenario 2: Ongoing Comments

Situation: Coworker makes daily inappropriate comments.

Analysis: May be hostile environment. Report to HR.

Scenario 3: Employer Ignores

Situation: Reported harassment, no action taken.

Analysis: Employer may be liable. File MCAD complaint.

Scenario 4: Retaliation

Situation: Demoted after reporting harassment.

Analysis: Retaliation is illegal. Additional claim.

Remedies Available

MCAD Relief

May obtain:

• Back pay
• Compensatory damages
• Emotional distress
• Attorney's fees

Court Damages

May recover:

• All MCAD remedies
• Punitive damages possible

Frequently Asked Questions

What employers are covered?

6+ employees under Chapter 151B.

How long to file?

300 days with MCAD.

Do I have to report to HR first?

Recommended but not required for external complaint.

Can I be fired for reporting?

No. Retaliation is illegal.

Related Topics

• Massachusetts Workplace Discrimination
• Massachusetts Sex Discrimination
• Massachusetts Employment Law Hub

Take Action

If experiencing harassment:

1. Document all incidents
2. Report to HR/management
3. Note 300-day deadline
4. Preserve evidence
5. Consult employment attorney

Legal Disclaimer

This article provides general information about sexual harassment in Massachusetts and is not legal advice. For specific advice, consult a licensed Massachusetts employment attorney.

For official information:

• MCAD: https://www.mass.gov/orgs/mcad | 617-994-6000