A hostile work environment can greatly impact your well-being and productivity, potentially making you hesitant or anxious about coming to work each day. If you’re experiencing behavior at work that creates such an environment, it’s important to remember that there are laws in place to protect against such conduct. So, when you’re experiencing such a situation, you may have grounds for a legal claim.
Understanding what qualifies as a hostile work environment and the legal remedies available to you can help you take action if and when your rights are violated.
Defining a Hostile Work Environment in Massachusetts
In Massachusetts, a hostile work environment is defined by unwelcome conduct that notably interferes with an employee’s work performance or creates an intimidating, hostile, humiliating, or offensive work environment. When that employee is a member of a protected class, such conduct is unlawful.
Massachusetts Anti-Discrimination Laws
Like other states, Massachusetts outlines specific laws that prohibit workplace harassment based on protected class status. This law is among the most comprehensive anti-discrimination statutes in the country, offering well-rounded protections for employees against workplace harassment.
It applies to all employers with six or more employees as well as anyone who employs domestic workers, regardless of how many employees they have working for them.
What Classes Are Protected Under Massachusetts Law?
Massachusetts law identifies multiple classes protected under its harassment laws. Under state law, it is unlawful to harass or discriminate against an employee based on:
- Race
- Color
- Religious creed
- National origin
- Sex
- Sexual orientation
- Gender identity
- Genetic information
- Military service
- Age (40 and older)
- Ancestry
- Disability / Medical Condition
Any conduct that targets an employee based on these protected characteristics and creates a hostile work environment can be grounds for a legal claim. If you’ve experienced discrimination or harassment based on one of these characteristics, resulting in a hostile work environment, feel free to contact our experienced Massachusetts employment lawyers at the Fogelman Law Firm. We can help you understand your legal options and take action.
What Qualifies as a Hostile Work Environment in MA?
Various types of conduct can create a hostile work environment. This includes:
Verbal Harassment
Verbal harassment, such as offensive jokes, slurs, or derogatory comments, can create a hostile work environment. This can also include name-calling or insults related to a protected characteristic and persistent inappropriate comments about your appearance or background.
Physical Harassment
Physical harassment involves unwanted physical conduct or actions that create a threatening or intimidating work environment. It may include unwanted touching, physical intimidation, or aggressive gestures. It can also extend to other behaviors, such as obstructing movement, cornering, or invading personal space in a way that makes you feel unsafe.
Visual and Written Harassment
This form of harassment involves the display or distribution of offensive materials that contribute to a hostile work environment. It may include posting or sharing derogatory images, cartoons, or posters that demean you based on a protected characteristic. It can also include written communications, such as sending discriminatory or offensive emails, texts, or notes.
Sexual Harassment
Sexual harassment is characterized by unwelcome sexual advances, requests for sexual favors, or any conduct that is sexual in nature. It can include verbal, physical, visual, and written harassment that is sexual in nature, such as sharing explicit images, making sexual gestures, or sexually explicit remarks. It also includes retaliation for rejecting sexual advances.
Quid Pro Quo vs. Hostile Work Environment Harassment
Massachusetts law recognizes two primary types of workplace harassment: quid pro quo harassment and hostile work environment harassment.
The first, quid pro quo harassment, occurs when submission to or rejection of unwelcome conduct is used as the basis for employment decisions. For example, being passed over for a promotion because you rejected a superior co-worker’s advances.
The second, hostile work environment harassment, involves unwelcome conduct that unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive work environment.
Both are prohibited under both state and federal law. If you’re experiencing either, you may have grounds for a harassment claim.
Employer Responsibilities in Massachusetts
You have a right to work in a workplace free of harassment. Employers in Massachusetts are required to take reasonable steps to prevent and address workplace harassment. While not explicitly mandated, the Massachusetts Commission Against Discrimination (MCAD) recommends that employers:
- Implement a comprehensive anti-harassment policy
- Provide regular training to employees on recognizing and preventing harassment
- Establish a clear reporting procedure for employees to file complaints
- Conduct prompt and thorough investigations into harassment claims
If an employer fails to take action despite knowing about the situation, you may hold them liable for allowing a hostile work environment to persist.
What to do If You Experience a Hostile Work Environment
If you’re experiencing conduct at work that creates a hostile environment, take action to protect yourself. This includes:
1. Document the Behavior (H3)
Take detailed notes of all behavior that you believe is contributing to the problem. Keep records of incidents, including dates, times, locations, and people involved. If you have any written communications contributing to the issue, such as emails or text messages, save them.
2. Report Internally (H3)
Follow internal protocol for reporting harassment. This might include notifying your supervisor, visiting the human resources department, or talking to another designated individual. If you’re unsure what your company’s internal complaint procedures are, ask your manager or supervisor.
3. File a Complaint with MCAD or the EEOC (H3)
If your company fails to resolve the issue internally, you can file a formal complaint with the Massachusetts Commission Against Discrimination (MCAD) or the Equal Employment Opportunity Commission (EEOC).
You have 300 days after the last discriminatory act to file your complaint with the MCAD and 180 days to file with the EEOC.
4. Contact a Skilled Workplace Harassment Lawyer (H3)
In these situations, it’s a good idea to contact a skilled workplace harassment lawyer. A lawyer who specializes in employment law can help you through the complexities of such a situation, providing legal guidance specific to your circumstances. They can help you understand your rights, assess whether the behavior you’ve experienced constitutes a violation of workplace laws, and determine the best course of action.
Potential Legal Remedies for a Legal Hostile Work Environment
If your employer fails to address a hostile work environment, you may seek various legal remedies. This can include monetary damages to compensate you for emotional distress, lost wages, and other harm suffered. It may also cover injunctive relief that requires your employer to change policies or take corrective actions.
In the event that you were wrongfully terminated due to harassment, you may be reinstated into your previous position.
Ultimately, the remedies vary based on the specifics of the case.
Get Help With Your Hostile Work Environment Lawsuit
Understanding what constitutes a hostile work environment is important, especially if you believe you may be experiencing conduct that creates such an environment. In these situations, consulting a skilled employment attorney can help you protect your rights and navigate your options.
If you need personalized assistance, guidance, and representation in your case, our knowledgeable Massachusetts workplace harassment attorneys at the Fogelman Law Firm can help. Contact us at (617) 559-1530 or complete our online contact form to start today.
