Our Boston, MA Sexual Harassment Lawyer Experts Specialize in Massachusetts Sexual Harassment Claims. If a Loved One Has Been The Victim of Sexual Assault, Contact Our Massachusetts Sexual Assault Attorney Specialists Today. Our Boston Lawyers at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates Can Be Reached at 617-787-3700 or Email Us at info@gilhoylaw.com.

Sexual Harassment

It is unlawful in Massachusetts for an employer to sexually harass a Massachusetts job applicant or a Massachusetts employee. Our Boston law firm has a number of nationally recognized, expert sexual harassment lawyers. We can help you. Call today!

Unlawful Massachusetts harassment can include Massachusetts sexual harassment, namely unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Massachusetts harassment does not have to be of a sexual nature; it can also include offensive remarks about a person’s gender. For example, it is illegal to harass a woman by making offensive comments about women in general.

Our Boston, MA Sexual Harassment Lawyer Specialists Will Help You Get The Legal Answers You Need. Our Boston, MA Sexual Harassment Lawyer Experts Are Available 24/7 at 617-787-3700.

What is Sexual Harassment?

Massachusetts sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Such conduct constitutes Massachusetts sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting the individual; and (3) such conduct has the purpose or effect of influencing employment decisions.

Massachusetts sexual harassment often involves highly abusive behavior that can seriously affect an individual, both emotionally and physically. It is, therefore, essential that sexual harassment is immediately addressed. The two types of Massachusetts sexual harassment that Massachusetts courts recognize are Massachusetts quid pro quo harassment and Massachusetts hostile work environment harassment. If a Massachusetts employee can prove that either of these forms of sexual harassment took place, the Massachusetts employer will face harsh punishment under both Massachusetts and federal law and the employee may be entitled to significant money damages.

Quid Pro Quo Sexual Harassment

Massachusetts quid pro quo sexual harassment occurs when a Massachusetts employer conditions employment or advancement within the workplace on sexual advances, favors or verbal or physical sexual conduct. The sexual conduct must be uninvited and unwanted in order to be illegal. Massachusetts quid pro quo sexual harassment behavior can range from inappropriate sexual comments to offensive touching.

Establishing a Quid Pro Quo Case:

In order for a Massachusetts employee to prove a claim for quid pro quo sexual harassment, the employee must establish the following elements:

That the alleged harasser made sexual advances or sexual requests, or otherwise engaged in conduct of a sexual nature,
That the sexual conduct was unwelcome,
That he or she rejected such advances, requests or conduct; and
That the terms or conditions of his or her employment were then adversely affected.

An employee may also establish a sexual harassment case even if he or she submitted to such advances, requests or conduct, if the employee can show that when he or she submitted to such conduct, the employee did so because he or she reasonably feared that adverse employment action would be taken against the employee if he or she acted otherwise.

Once the complainant meets the minimum threshold requirements, a burden shifting takes place between the victim and the alleged sexual harasser. The burden shifts to the sexual harasser, namely, the respondent, to show through credible evidence that a legitimate, non-discriminatory reason existed for the adverse employment action.

If the respondent meets this burden, then the burden again shifts back to the employee to prove that the employer’s offered reason was not the true reason, but was only meant to disguise actual sexual discrimination.

For example, an employee may meet the minimum initial threshold requirements for demonstrating a sexual harassment case involving a firing by showing that he or she was fired shortly after turning down a supervisor’s request for a date. The request for a date would constitute an unwelcome advance. As long as there was sufficient closeness in time between the employee’s refusal for a date and the employee’s firing, then causation may be inferred. The employer may then state that they fired the employee due to poor job performance, which could constitute a legitimate, non-discriminatory reason, if supported by credible evidence. The employee would then have to prove that the employer’s conduct was truly motivated by his or her rejection of the supervisor's advance. This may be done by proving that the respondent's articulated reason is false.

The Boston, MA sexual harassment lawyers at our Boston personal injury law office are experts at proving quid pro quo sexual harassment. Call our Massachusetts sexual harassment attorneys today at 617-787-3700 or email us at info@gilhoylaw.com.

Hostile Work Environment Sexual Harassment

Massachusetts hostile work environment harassment occurs when a Massachusetts employee feels humiliated, violated or offended by sexual conduct within the Massachusetts workplace, to the extent that the employee’s job performance is affected. The sexual conduct must be uninvited and unwanted in order to be illegal. Some examples of such behavior include inappropriate comments, innuendos, gestures, whistling, solicitation of sexual favors and touching.

In a hostile work environment case, the Massachusetts employee must prove:

he or she was subjected to conduct of a sexual nature;
the conduct of a sexual nature was unwelcome;
the conduct of a sexual nature had the purpose or effect of creating an intimidating,
hostile, humiliating or sexually offensive work environment; and
the conduct unreasonably interfered with complainant's work performance or altered the terms and conditions of the complainant's employment.

Conduct Creating a Hostile Work Environment

In order to rise to the level of creating a hostile work environment, the conduct must be hostile, intimidating, humiliating or offensive. A reasonable person standard is used to analyze whether the conduct is offensive; thus, a reasonable person in the employee’s position must, in addition to the employee, find that the conduct was offensive. Severe or pervasive conduct is more likely to be offensive to a reasonable person. Sexual harassment experienced by other employees in the workplace may also be relevant to the assessment of the conduct's pervasiveness.

In some circumstances, a hostile environment may be established based on a single incident, if that incident is extremely severe, even if the conduct is not frequent or repetitive. In some situations, purely verbal conduct may constitute conduct that is severe or pervasive enough to create a hostile work environment. A hostile work environment claim requires that the unwelcome sexual conduct created an impediment to an employee's full participation in the workplace, altered the terms and conditions of his or her employment, or unreasonably interfered with his or her work performance. An employee does not need to suffer an adverse job action, such as termination, in order to establish a hostile work environment claim.

The expert Massachusetts sexual harassment lawyers at our Boston personal injury law office have more than two decades of experience in proving hostile work environment sexual harassment. Call our Boston law office today at 617-787-3700 or email our expert Boston lawyers at info@gilhoylaw.com.

Massachusetts Sexual Harassment Law

Massachusetts General Laws, Chapter 151B sets forth the law in Massachusetts governing the prohibition of sexual discrimination and sexual harassment in the workplace. In addition, the Massachusetts Commission Against Discrimination (MCAD) issues guidelines in order to provide assistance regarding the interpretation of such laws. The MCAD guidelines also explain what employers and employees should do in order to prevent or stop sexual harassment.

Sexual Harassment Policy Requirement

Massachusetts employers with six or more employees are required by law to have a written policy against sexual harassment. The Massachusetts Commission Against Discrimination recommends that such a policy include, at a minimum, all the requirements listed in Chapter 151B, the Massachusetts law that mandates the existence of such a policy, including:

a statement that sexual harassment in the workplace is unlawful;
a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment, or for cooperating in an investigation of a complaint of sexual harassment;
a description and examples of sexual harassment;
a statement of the potential consequences for employees who are found to have committed sexual harassment;
a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and
the identity of the appropriate state and federal employment discrimination enforcement agencies, and instructions as to how to contact such agencies.

Massachusetts employers must present each new employee with a copy of their sexual harassment policy upon commencement of employment. Employers must also provide all employees with their own individual written copy of the sexual harassment policy on a yearly basis. Employers should also post the policy in a conspicuous area in the workplace.

In order to constitute Massachusetts sexual harassment, it is not a requirement that the Massachusetts employee openly express his or her discomfort surrounding the sexual conduct. The Massachusetts employee must only fail to respond positively to the conduct. It is important to note that a Massachusetts sexual harassment claim can be demonstrated if an employee submits to sexual advances solely to cope with the situation, or to maintain his or her position of employment.

Most Massachusetts sexual harassment claims involve repetitive, uninvited and unwanted conduct. However, even a single, severe incident can constitute sexual harassment. Further, Massachusetts sexual harassment can be proven even if the sexual conduct is not motivated by sexual desire. For example, same-sex harassment can occur when the harassing party is not homosexual. Sexual harassment can occur outside of the workplace as well.

Aside from Massachusetts employers facing potential monetary liability as a result of their own misconduct, an employer may also be liable for harassment by a supervising employee. Massachusetts employers may even be liable for harassment conducted by non-employees, such as patients or clients. Liability arises in these situations when the employers either knew or should have known about the sexual conduct but nevertheless failed to take effective, remedial action.

Filing a Massachusetts sexual harassment claim can be overwhelming, as it requires
filling out a lot of paperwork and obtaining all available evidence. Proceeding with a sexual
harassment claim can be especially stressful when the employee fears losing his or her position, especially in a poor job economy. Fortunately, if the employee is found to have been wrongfully terminated or demoted, the employee may be entitled to lost wages, compensation for emotional distress and possibly reinstatement to his or her position.

Sexual Assault

In Massachusetts, it is unlawful for anyone to sexually assault another person. Our Boston law office has a number of highly respected and expert sexual assault lawyers. Our Boston law firm can help you. Call us today at 617-787-3700.

Our Massachusetts Sexual Assault Attorney Specialists Will Help You Get The Legal Answers You Need. Our Massachusetts Sexual Assault Attorney Experts Are Available 24/7 at 617-787-3700.

What is Sexual Assault?

Sexual assault encompasses a category of unlawful sexual attacks including rape, attempted rape, unwanted sexual contact or threats, sexual abuse, sexual misconduct, sodomy, fondling and indecent exposure. Generally, sexual assault occurs when an individual or group of individuals touches any part of another person’s body in a sexual manner without that person’s consent. The assaulter may be a stranger, an acquaintance, a friend or even a family member. Regardless of who committed the act, the victim is entitled to relief and protection.

Sexual Assault and its Relationship to Rape

In most states, the term sexual assault has replaced the term rape in order to create gender neutral laws that encompass a broader range of sexual acts. Typically, the law assumes that an individual did not consent to the sexual act or that an individual did consent as a result of force, threats, unconsciousness, drugs, minor status or mental illness.

Massachusetts Sexual Assault Law

Under Massachusetts General Laws, Chapter 265, Section 22, rape is defined to include sexual intercourse or unnatural sexual intercourse, which includes vaginal, oral or anal sex. Rape is further broken down into four classifications under Massachusetts law.

Forcible Rape of a Child Under 16 Years of Age
Statutory Rape of a Child Under 16 Years of Age
Rape of an Adult (a Person 16 Years of Age or Older)
Aggravated Rape of an Adult (a Person 16 Years of Age or Older)

For forcible rape of a child, statutory rape of a child or aggravated rape of an adult, the offender can be sentenced to life in prison for his or her first offense. For rape of an adult, the offender can face up to twenty years in state prison for his or her first offense, but can be sentenced to life in prison for his or her second offense.

In addition to criminal charges, civil lawsuits can be brought against the perpetrators of these crimes for substantial money damages, sometimes in the millions of dollars.

How to Prove Sexual Assault

In order to prove that sexual assault occurred, it must be shown that there was sexual contact or penetration and that the victim did not consent to the act. The most critical element is consent. If the victim knowingly consented to the sexual contact, generally the offender will not be considered to have committed sexual assault. However, there are circumstances where the victim consents but sexual assault can still occur. These instances include situations where the offender used force or threats to convince the victim to consent or where the victim was unconscious or under the influence of drugs at the time. Additionally, if the victim was a minor or was suffering from a mental illness, the consent may be invalid and void.

Victims’ Reactions to Sexual Assault

Every victim of sexual assault will react in their own personal way to such a horrific act. A number of factors can contribute to the type of reaction demonstrated, such as the victim’s age, maturity, outside support, relationship to the offender, police response to the attack, frequency and duration of the attack(s), level of violence, the severity of the injuries and community attitudes.

Oftentimes, victims will experience physical effects from the assault, including pain, injuries, nausea, vomiting and headaches. In addition to physical effects, sexual assault often affects a victim’s emotional and psychological well being to a greater degree.

These types of effects may include shock, denial, depression, detachment, nightmares, diminished interest in activities, loss of self-esteem, loss of trust in others, guilt, shame, loss of appetite and even suicidal thoughts. Unfortunately, some victims will even suffer from physiological effects such as insomnia, panic attacks, eating disorders and sexual dysfunction.

Sexual Assault Statistics

With respect to female sexual assault victims, 73% are assaulted by someone they know. Additionally, in 2005, 92% of rape or sexual assault victims were female, and those women between the ages of 16-19 had the highest victimization rate. Surprisingly, only 39% of all rapes and sexual assaults are reported to the police. Finally, between 1999 and 2000, all rapes, 39% of attempted rapes and 17% of sexual assaults against females resulted in bodily injuries.

If you or a loved one has been sexually assaulted, please contact the highly experienced and expert sexual assault attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates at (617) 787-3700. Our Boston lawyers will bring a civil claim against the perpetrator of the crime for substantial money damages. Your needs are our top priority!

Our Massachusetts personal injury lawyers are proud to represent Massachusetts sexual harassment injury clients and Massachusetts sexual assault clients from throughout the Commonwealth.

If you or a loved one has been injured as the result of Massachusetts sexual harassment or a Massachusetts sexual assault, the best thing that you can do right now is to hire one of our highly skilled Boston, MA sexual harassment lawyer experts or Massachusetts sexual assault attorney specialists. If you select one of the knowledgeable and expert Massachusetts sexual harassment, sexual abuse or sexual assault attorneys at the Boston Law Offices of Gilbert R. Hoy, Jr. and Affiliates to represent you or your loved one, you can be assured that your needs will become our top priority. The Massachusetts sexual harassment and sexual assault lawyers at our Boston, MA law firm will use their legal expertise, skills and talents to most effectively handle your unique situation. Our Massachusetts sexual harassment, sexual abuse and sexual assault law firm is distinguishable from other Massachusetts law firms because our attorneys are particularly compassionate, caring and focused on client service and will fight tirelessly on your behalf. Our Boston, MA sexual harassment lawyer law office and Massachusetts sexual assault attorney law office has some of the highest quality and most respected Massachusetts lawyers around.

The Boston sexual harassment and sexual assault lawyers and the Boston, MA wrongful death lawyer experts at our Massachusetts law firm have represented many Massachusetts sexual harassment and sexual assault victims and the families of Massachusetts wrongful death victims. If you or a loved one has suffered personal injuries as the result of Massachusetts sexual harassment or a Massachusetts sexual assault, please contact our experienced Boston sexual harassment, sexual abuse and sexual assault lawyers and Massachusetts wrongful death lawyers as soon as possible at 617-787-3700 to help you get full and fair compensation for your Massachusetts accident injuries. We have recovered millions of dollars in damages for our Massachusetts personal injury clients.

If you are the victim of Massachusetts sexual harassment or Massachusetts sexual assault, contact our Boston, MA sexual harassment lawyers or Boston, MA sexual assault lawyers today at our Boston, MA personal injury law office at 617-787-3700 or email us at info@gilhoylaw.com. Our expert Massachusetts sexual harassment lawyers and Massachusetts sexual assault lawyers will provide you with a free and confidential initial consultation about your Massachusetts sexual harassment or sexual assault case. We can meet with you in our office, in the privacy of your home or at another location that is most convenient for you. Your needs are our top priority!

With an experienced group of some of the very best Massachusetts sexual harassment lawyers and sexual assault attorneys that the Commonwealth offers, our Boston sexual harassment law office is confident that our handling of your sexual harassment or sexual assault claim will go beyond your expectations. Our over-riding goal is to provide you or your loved one with top of the line legal service and assistance with respect to your Massachusetts sexual harassment or sexual assault claim, while earning your confidence, loyalty, trust and respect. Our Boston, MA sexual harassment law office would be honored and pleased to represent you or your loved one, and we would be delighted to provide you with an initial free and confidential consultation with respect to your Massachusetts sexual assault claim.

Call Our Boston, MA Sexual Harassment Lawyer Experts Today at 617-787-3700. Please Do Not Hesitate. Our Massachusetts Sexual Assault Attorney Specialists Are Available 24/7!

Call Our Boston, MA Law Firm Today At 617-787-3700 or Email Us At info@gilhoylaw.com
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