Under Massachusetts and federal law, an employee is encouraged to report all claims of sexual harassment to his or her employer. To protect employees who make such complaints, as well as other employees who support them, strict rules have been enacted to prohibit retaliation.
Under Massachusetts law, an employer may not retaliate against any individual who alleges sexual harassment or who has testified for or assisted any person who has filed a complaint. The types of activity which are protected from retaliation are very broad and may include speaking with an attorney or MCAD investigator about filing a claim, complaining to a manager or supervisor within the company, or even speaking with other employees about ways to stop the harassment.
Retaliation occurs when the complaining employee or any employee who assists her suffers any negative impact in his or her employment. This may include something as obvious as termination, but may also involve:
It can be difficult and intimidating to file a claim of sexual harassment, but the law exists to protect the victim and those who support him or her from any retaliation by the employer or the harasser. If you believe that you are suffering retaliation as a result of a sexual harassment complaint, it is important to consult with an attorney without delay.