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Applicability of harrassment laws

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w2tw

Junior Member
What is the name of your state? Ma

I am involved in a difficult work environment. Approx 2 yrs ago, I noticed an abrupt change in atmosphere toward me. Some of the comments made were sexual in nature. One of the people I worked with daily, turned around once and under his breath stated "If you're not gay you're crazy". Several other employees in my workplace would ntoiceably say to each other when I walked past them .. "He does not want anything or he does not need anything". As time progressed I came to the conclusion that this very probably involved some sexual behavior between employees, not necessarily in the workplace but amongst individuals in the workplace. I believe that a particular female involved probably had some daliances with other people, and the result was that these rather embarassing comments resulted. Some time shortly thereafter, a continuing joke escalated into a fabrication that apparently I turned this young woman down. I finally went to HR. After getting nowhere, the person at HR whom I had spoken to, was leaving the company for personal reasons unrelated to work. She stated to me that there was a rumor that I had a benefactor of sorts but that was not supposed to officially discuss this and did not want any involvement. These problems have resulted in continual jokes which make my environment difficult. One person, specifically stated before another person "She says you're gay". I went to HR to discuss this again and was told she would investigate. After a month or so, I went to see her for the results and she stated that I had never relayed this to her. I offered to show her my notes and she atated that my notes do not matter, only hers do. I stated that scurrilous comments that I have a benefactor are false and anyone circulating this is stating a falsehood and that this represents libel (a false statement with repercussions), She stated to me that the only way the law sees sexual harassment is if there is an economic loss of finances. I suggested that I might pursue this legally on an individual basis and her reply was "I would recommend you doing that". Later the sexual harassment laws of the company were amended to say that "any employees making statements pertaining to a presumed sexual orientation or sexual prowess" are subject to comany policy about sexual harassment. There were other comments of a much more twisted nature that I will not describe here and it leads me to conclude that this change in policy may have come about because of me. There is a lot friction and hostility toward me. and I do not know what to do in this case. Is there any federal or state (Ma) law which would say that very degrading and sexually explicit comments (or misrepresentations) in the workplace constitiue a violation of any law. Or is this only sexual harassment if I lose my job ?
 


cbg

I'm a Northern Girl
You do not have to lose your job for it to be sexual harassment. Both Federal and MA law prohibit you from being harassed for reasons relating to sex. In addition, MA law (though not Federal law) protects a person from harassment on the basis of their sexual orientation.

In your case, however, I'm not sure that your current situation meets the standard. In fact, your employer seems to have taken steps to see that you are not harassed illegally by amending the company policy. The company's only legal obligation is to make the illegal behavior stop. It is not illegal for there to be hostility towards you because other employees believe (even incorrectly) that you have a benefactor. It is not illegal for the other employees to be upset with you because they believe you got them into trouble (causing the change in the policy). If the sexually charged comments have stopped, you have no grounds to file a complaint with anyone. It doesn't matter if people are "hostile" to you as long as you're not being SEXUALLY harassed.

If I am misreading your post and the comments regarding your sexual orientation are continuing, you cannot file any kind of lawsuit unless you have first received a right to sue letter. It is MANDATORY that an employee who feels they are being illegally harassed MUST have a right to sue from the appropriate state or Federal agency, in your case, either MCAD or the EEOC. Probably MCAD, since the EEOC does not recognize sexual orientation as a protected characteristic. There is NO way for you to take legal action without going through them first.
 

MELVON

Junior Member
Do these comments/questions constitute sexual harassment?

These were some of the comments and questions my previous employer made to me and I'm wondering if they fall under sexual harassment. In the past I posted my situation, but never asked about these specifics. However, I was told by a "member" that I was subjected to severe and pervasive sexual and verbal harassment and that I should go to the EEOC and file a claim.
Any thoughts? :confused:

"One day I am going to strip and beat you!"
"Have you ever been stripped and beaten to a pulp?"
"Are you Gay?" (asked 3x's)
 

w2tw

Junior Member
Thanks cbg

Thanks for the advice. However you give the company in question way too much credit. After rereading my own message, I realize that I made a typo by saying that the HR representative agreed with me saying she would recommend my pursuing civil action. In point of fact she stated she would NOT recommend that. I failed to type the word NO ! In fact I actually interpretted her comment as almost being a threat given the way it was offered. The company's role in this was clearly never to help me in any way and they have done anything in their power to make this situation as difficult and as confrontational as possible.

Nevertheless thanks for your comments. There were numerous other incidents I did not bother going in to. I have had contact with the EEOC and they stated that this situation involves people who simply do not 'like me' and as such this does not constitute a scenario they would normally be involved in. They did however recommend that this situation was more conducive to a civil case rather than something a government agency would become involved in. I am perfectly willing to spend my own money pursuing this matter but I need to collect more evidence and corroboration. But quite the contrary to what my original thread sounded like, the company is very devious and almost heinous in this matter.
 

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