Legal Question in Sexual Harassment in Massachusetts
I'm a graphic designer living in NH. I've been contracting for a few months for a real estate brokerage in Massachusetts.
I've endured periods of very vulgar advances from the marketing director that is my client contact. I've made it clear on several occasions that I am not interested in romantic or sexual contact. I tolerate it only because I was laid off in August, and working for this brokerage has been my only substantial source of income, since.
On the night I met the marketer (before interviewing and beginning to work for him), there was drunken flirtation, but I have repeatedly stated that I am not interested in anything but a business relationship, since.
I've saved all electronic messages (email and text message). As a contractor, do I have legal recourse if the brokerage stops submitting work to me, or if I have to stop contracting for them because of this situation?
2 Answers from Attorneys
You have an absolute right to work in an environment free from sexual harrassment or hostilities.
If you have all of your documentation, this Office will be glad to evaluate your case at no charge.
The principal sex harrassment law, c. 151B, does not apply as you are not in an employer-employee relationship. There is another statute, g.L. c. 214, s 1C that may apply. Its lanquage indicates that it would. However, it has been interpreted as only applying to employees of employers of less than 6 employees and students. However, only one court that I know of has decided the issue of whether it applies to independent contractors, and that court, a trial court, ruled that the statute does not apply. That being said, since you are not an employee, the workers compensation bar does not apply and you would be able to bring a common law tort claim of infliction of emotional distress. If there was inappropriate touching, you could also bring a claim for assault and battery. You may also have a claim under the Mass. Civil Rights Act. While the exact nature of your legal claims may be complicated, if the person is sexaully harassing you, you have a claim. I would complain about it and demand that it stop. If it doesn't and the situation becomes intolerable, you may have to leave and bring a claim. Also, document everything the best you can. If you want to discuss this further, please feel free to call. Bill Harrington, 617-426-7400
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