Sexual Harassment in the Workplace
There are two basic categories of sexual harassment under Federal and Massachusetts law. The various types of sexual comments and sexual conduct should be considered with respect to these two categories of sexual harassment.
The two basic categories of sexual harassment are as follows:
1) “Quid Pro Quo” sexual harassment, and
2) “Hostile Work Environment” sexual harassment.
Quid Pro Quo Sexual Harassment
Massachusetts General Law, Chapter 151B defines “quid pro quo” sexual harassment as: “sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when . . . submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions.”
In other words, quid pro quo sexual harassment occurs when an employee with authority or control over another employee, offers that employee an employment benefit or advantage in exchange for sexual favors or sexual gratification. Quid pro quo sexual harassment also occurs if an employee is denied an employment benefit or advantage after refusing or rejecting a request for sexual favors or sexual acts. Examples of employment benefits or advantages include continued employment/termination, demotion/promotion, alteration of job duties, transfer of job location, changes to hours or compensation, warnings, and inaccurate job performance evaluations and reviews.
Hostile Work Environment Sexual Harassment
Massachusetts General Law, Chapter 151B defines “hostile work environment” sexual harassment as: “sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when . . . such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.”
In other words, hostile work […]