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Providing Excellent Legal Counsel to Massachusetts Personal Injury Clients Across the Commonwealth
of Massachusetts.

For a FREE CONSULTATION About Your Massachusetts Personal Injury Law Claim, Call (617) 787-3700 today!

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The Boston, MA Sexual Harassment Lawyers at our Boston, MA Law Firm Specialize in Massachusetts Sexual Harassment Claims. If You or a Loved One Has Been the Victim of Massachusetts Sexual Assault, Do Not Hesitate to Contact One of 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

Under Massachusetts law, it is illegal for an employer to sexually harass either a Massachusetts job applicant or a Massachusetts employee. The Massachusetts sexual harassment lawyers at our Boston law firm are experts in their field and are nationally recognized. Please do not hesitate to call today!

Illegal Massachusetts harassment often includes unwelcome sexual advances, requests for sexual favors, and other sexual verbal or physical harassment. In order to constitute Massachusetts sexual harassment, the illegal behavior does not have to be of a sexual nature. Massachusetts sexual harassment can include abusive remarks about a person’s gender. For example, it is unlawful to sexually harass a woman by making derogatory comments about women in general.

We Guarantee That Our Boston, MA Sexual Harassment Lawyers Will Fight Tirelessly on Your Behalf to Get You the Legal Answers That You Need. Our Boston, MA Sexual Harassment Lawyer Experts Are Available 24 Hours a Day, 7 Days a Week at 617-787-3700.

What is Massachusetts 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. This type of behavior constitutes Massachusetts sexual harassment when: (1) assent to the conduct is made an explicit or implicit condition of either an individual's employment or academic advancement; (2) submission to or rejection of such conduct by the individual is used as the grounds for employment or academic decisions that directly affects the individual; and (3) the conduct has the means or effect of influencing decisions regarding the individual’s employment.

Massachusetts sexual harassment typically involves abusive behavior that can emotionally and physically affect an individual in a severe way. Therefore, it is imperative that sexual harassment is addressed immediately. There are two different kinds of Massachusetts sexual harassment that Massachusetts courts recognize, including Massachusetts quid pro quo harassment and Massachusetts hostile work environment harassment. It is necessary for a Massachusetts employee to prove that one of these forms of sexual harassment took place in order for the Massachusetts employer to be found guilty of Massachusetts sexual harassment. If the Massachusetts employee is successful in proving this, the Massachusetts employer will face punishment under both Massachusetts and federal law. In addition, it is likely that the employee will be entitled to substantial money damages.

Quid Pro Quo Sexual Harassment

Massachusetts quid pro quo sexual harassment takes place when a Massachusetts employer makes either employment or advancement conditional on the employee’s sexual advances, favors or verbal or physical sexual conduct. In order to be considered illegal under Massachusetts law, the sexual conduct must be uninvited and unwanted. Massachusetts quid pro quo sexual harassment behavior ranges from improper sexual comments to unwanted bodily contact.

Establishing a Quid Pro Quo Case:

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

  • That the alleged harasser made sexual requests or sexual advances, or engaged in conduct of a sexual nature in some other way,

  • That the sexual conduct was unwelcome,

  • That he or she declined such advances, requests or conduct; and

  • That the terms or conditions of his or her employment were then negatively affected as a result.

There are some circumstances when an employee may establish a sexual harassment claim even if he or she submitted to such advances, requests or conduct. In these circumstances, an employee can establish a successful sexual harassment claim if he or she can demonstrate that submission to the behavior arose out of a reasonable fear that adverse employment action would be taken against the employee if he or she did not engage in the sexual behavior.

Once the minimum threshold requirement is met, the burden of proof shifts to the sexual harasser, namely, the respondent. The respondent must demonstrate through legitimate evidence that a non-discriminatory reason existed for the adverse employment action.

If the respondent is able to meet this burden, then the burden shifts back to the employee. The employee must then prove that the respondent’s offered justification is not legitimate, and was only meant to disguise the sexual discrimination that actually took place.

For example, an employee may meet the initial threshold requirements for demonstrating a sexual harassment case by showing that he or she was terminated after declining a supervisor’s request for a date. In this instance, the date request would constitute an unwelcome advance. If there is a sufficient proximity in time between the employee’s refusal for a date and his or her being fired, causation may be inferred. The employer may claim that the employee was fired because of poor job performance. This could constitute a reasonable, non-discriminatory reason, if supported by legitimate evidence. The burden of proof would then be on the employee to show that the employer’s conduct was genuinely motivated by his or her rejection of the supervisor's requests for a date. This may be satisfied by showing that the employer's rationale for firing the employee is untrue.

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 takes place when a Massachusetts employee feels humiliated, violated or offended by sexual behavior within the Massachusetts workplace, to the extent that the employee’s job performance is adversely affected. In order to be considered illegal, the sexual conduct must be both uninvited and unwanted. This type of behavior typically includes inappropriate comments, innuendos, gestures, whistling, solicitation of sexual favors and touching.

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

  1. he or she was forced to experience conduct of a sexual nature;

  2. the conduct of a sexual nature was not welcome;

  3. the conduct of a sexual nature had the means or effect of creating an intimidating, hostile, humiliating or sexually offensive work environment; and

  4. the conduct interfered with the employee's work performance in an unreasonable way or changed the terms and conditions of the employee's employment.

Conduct Creating a Hostile Work Environment

In order for the behavior to constitute creating a hostile work environment, the behavior must be hostile, intimidating, humiliating or offensive. Massachusetts law employs a reasonable person standard in order to analyze whether the conduct is offensive. In other words, in addition to the employee, a reasonable person in the employee’s position must find that the conduct constitutes offensive behavior. Conduct that is severe or pervasive is more likely to be considered offensive to a reasonable person. If other employees have additionally experienced sexual harassment in the workplace, this will most likely be relevant to the assessment of the pervasiveness of the behavior.

In some situations, a hostile environment may be established based on just one incident. In these circumstances, the conduct does not have to be frequent or repetitive, but the incident must be severe. In some circumstances, conduct that is solely verbal may be severe or pervasive enough to create a hostile work environment. A hostile work environment claim requires that the unwelcome sexual conduct changed the terms and conditions of the employee’s employment or interfered with his or her work performance in an unreasonable way. In order to establish a hostile work environment claim, it is not necessary that the employee suffer an adverse job action, such as termination.

The expert and highly skilled Massachusetts sexual harassment lawyers at our Boston personal injury law office have more than twenty years 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 defines the law in Massachusetts governing the prohibition of sexual discrimination and sexual harassment in the workplace. Additionally, the Massachusetts Commission Against Discrimination (MCAD) sets forth guidelines in order to offer assistance regarding the interpretation of such laws. The MCAD guidelines also dictate what steps employers and employees should take to prevent or stop sexual harassment.

Sexual Harassment Policy Requirement

Massachusetts law requires that Massachusetts employers that have six employees or more must have a written policy against sexual harassment. The Massachusetts Commission Against Discrimination recommends that the policy include, in the very least, all the requirements listed in Chapter 151B, the Massachusetts law that requires the existence of such a policy, including:

  • a statement that sexual harassment in the workplace is illegal;

  • a statement that it is illegal to retaliate against an employee for filing a sexual harassment
    complaint, or for participating in an investigation of a complaint of sexual harassment;

  • a description and examples of sexual harassment;

  • a statement of the potential repercussions for employees who are found to have engaged
    in sexual harassment;

  • the process for filing internal complaints about sexual harassment and the work addresses
    and the contact information to whom sexual harassment complaints should be made; and

  • the contact information of the appropriate state and federal employment discrimination
    enforcement agencies, with instructions for how to contact the agencies.

Massachusetts employers are required to give each new employee a copy of their sexual harassment policy upon the beginning of employment. In addition, employers must give all employees their own individual written copy of the sexual harassment policy on an annual basis. Employers should be sure to post the policy in a visible area in the workplace.

In order to constitute Massachusetts sexual harassment, it is not a necessity that the Massachusetts employee express his or her discomfort surrounding the sexual conduct. The only requirement is that the Massachusetts employee fail to respond to the conduct in a positive way. A Massachusetts sexual harassment claim can be shown if an employee acquiesces to sexual advances only as a means to cope with the situation, or to keep his or her job.

The majority of Massachusetts sexual harassment claims involve repetitive, uninvited and unwanted conduct. However, even an isolated, extreme incident can constitute sexual harassment. In addition, Massachusetts sexual harassment can be shown even in the event that the sexual conduct is not motivated by sexual desire. For example, it is possible for same-sex harassment to occur when the harassing party is not homosexual. Sexual harassment can also take place outside of the workplace.

In addition to Massachusetts employers facing potential repercussions as a result of their own misconduct, an employer can face liability for harassment by a supervising employee. Massachusetts employers may even be liable for harassment conducted by non-employees, such as patients or clients. The employer may be liable if the employer either knew or should have known about the sexual conduct, but did not take steps to remedy the situation.

Filing a Massachusetts sexual harassment claim can be time-consuming and overwhelming. Oftentimes, it requires filling out substantial paperwork and gathering all of the available evidence. Filing a Massachusetts sexual harassment claim can be particularly stressful if the employee is fearful that he or she may be terminated, especially in a poor job economy. Fortunately, in the event that the employee is found to have been wrongfully terminated or demoted, he or she may be entitled to lost wages, compensation for emotional distress and possibly reinstatement to his or her position.

Sexual Assault

In Massachusetts, it is illegal for anyone to sexually assault another person. Our Boston law office has a number of highly renowned 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 includes a number of illegal sexual attacks, including rape, attempted rape, unwanted sexual contact or threats, sexual abuse, sexual misconduct, sodomy, fondling and indecent exposure. Typically, sexual assault takes place 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 can include anyone, a stranger, an acquaintance, a friend or even a family member. Irregardless of the identity of the person that engaged in the behavior, the victim is entitled to relief and protection.

Sexual Assault and its Relationship to Rape

In the majority of states, the term sexual assault has replaced the term rape as a means to create gender neutral laws that encompass a broader range of sexual acts. In general, the law assumes that an individual did not consent to the sexual act or that any consent was the 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.

  1. Forcible Rape of a Child Under 16 Years of Age

  2. Statutory Rape of a Child Under 16 Years of Age

  3. Rape of an Adult (a Person 16 Years of Age or Older)

  4. 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 may receive life in prison for his or her first offense. If the crime involves the rape of an adult, the offender may face up to twenty years in state prison for his or her first offense. The offender may receive a sentence of 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

To prove that sexual assault took place, there must be a showing of sexual contact or penetration and that the victim did not consent to the act. Consent is the most critical element. If the victim consented to the sexual contact, the offender will usually not be considered to have committed sexual assault. There are situations, however, where the victim consents but sexual assault can still take place. Often these instances involve the perpetrator’s use of force or threats to convince the victim to consent, or where the victim was unconscious or under the influence of drugs at the time. In addition, if the victim was suffering from a mental illness or a minor, the consent may be invalid and void.

Victims’ Reactions to Sexual Assault

Every victim of sexual assault will react differently to such a devastating act. 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, can also influence how the individual will act.

Most often, victims will undergo physical effects from the assault, including pain, injuries, nausea, vomiting and headaches. Aside from physical effects, sexual assault often affects a victim’s emotional and psychological well being. This typically includes 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. Many victims even suffer from physiological effects such as insomnia, panic attacks, eating disorders and sexual dysfunction.

Sexual Assault Statistics

With regards to female sexual assault victims, 73% are assaulted by someone that they know. In addition, in 2005, 92% of rape or sexual assault victims were female. Women between the ages of 16-19 had the highest victimization rate. Only 39% of all rapes and sexual assaults are reported to the police. 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.

Largest Massachusetts Cities:
Boston, Massachusetts Sexual Harassment / Sexual Assault Lawyer
 / Worcester, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Springfield, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Lowell, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Cambridge, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Brockton, Massachusetts Sexual Harassment / Sexual Assault Lawyer / New Bedford, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Fall River, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Lynn, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Quincy, Massachusetts Sexual Harassment / Sexual Assault Lawyer

Other Massachusetts Cities and Towns of Note:
Attleboro, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Braintree, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Bridgewater, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Brookline, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Chelsea, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Dedham, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Everett, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Fitchburg, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Foxborough, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Framingham, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Haverhill, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Holyoke, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Lawrence, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Leominster, Massachusetts Sexual Harassment / Sexual Assault Lawyer /Malden, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Marlborough, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Medford, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Methuen, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Milford, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Milton, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Natick, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Newton, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Norwood, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Peabody, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Plymouth, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Randolph, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Revere, Massachusetts Sexual Harassment / Sexual Assault Lawyer /Roslindale, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Saugus, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Stoughton, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Taunton, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Waltham, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Wellesley, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Weston, Massachusetts Sexual Harassment / Sexual Assault Lawyer / West Roxbury, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Weymouth, Massachusetts Sexual Harassment / Sexual Assault Lawyer /Woburn, Massachusetts Sexual Harassment / Sexual Assault Lawyer

Massachusetts Counties and Massachusetts Regions:
Barnstable County, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Bristol County, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Cape Cod, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Essex County, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Franklin County, Massachusetts Sexual Harassment / Sexual Assault Lawyer /Middlesex County, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Norfolk County, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Plymouth County, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Suffolk County, Massachusetts Sexual Harassment / Sexual Assault Lawyer / Worcester County, Massachusetts Sexual Harassment / Sexual Assault Lawyer

Our Mission

The mission of the Boston, MA sexual harassment lawyer specialists and Massachusetts sexual assault attorney experts at our Boston, MA law firm is two-fold.

First, our Boston sexual harassment and sexual assault lawyers work incredibly hard to provide outstanding legal representation for every one of our Massachusetts sexual harassment and sexual assault clients. As a result of our Boston sexual harassment and sexual assault attorneys’ extensive legal knowledge, tenacity, determination and wide range of legal expertise and skill regarding Massachusetts sexual harassment cases and sexual assaults, our Massachusetts sexual harassment and sexual assault attorneys have an outstanding track record of success and accomplishment for our Massachusetts personal injury clients. Our sexual harassment and sexual assault attorneys will simply not settle for second best.

Second, our Boston sexual harassment and sexual assault legal advocates always provide our clients with exceptional client service. This is as important to us as the outcome of your Massachusetts sexual harassment case or Massachusetts sexual assault case. Our Boston sexual harassment and sexual assault law office keeps every client fully informed of the progress of his or her sexual harassment or sexual assault case. As part of this commitment, all of our sexual harassment and sexual assault clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service and client dedication truly distinguishes us from many other Massachusetts sexual harassment and sexual assault law firms. The sexual harassment and sexual assault attorneys at our sexual harassment and sexual assault law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our sexual harassment and sexual assault law office endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique sexual harassment and sexual assault case deserves.

The driving motivations of superior client relations and exceptional legal counsel at our Boston, Massachusetts law office make us a law firm you can trust.

Your needs are our top priority!

If you or a loved one has been the victim of Massachusetts sexual harassment or Massachusetts sexual assault, do not hesitate to 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 initial consultation about your Massachusetts sexual harassment or sexual assault case. We can meet with you wherever is most convenient for you. Your needs are our top priority!

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

Please Contact Our Boston, MA Personal Injury Lawyer Experts if You or Your Loved One Has Been Injured In a Massachusetts Accident. Our Massachusetts Personal Injury Attorney Specialists Can Be Reached at 617-787-3700 or Email Us at info@gilhoylaw.com.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Call Our Boston Personal Injury Lawyers Today at 617-787-3700 or Email Our Boston, MA Injury Attorneys At info@gilhoylaw.com
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