Here, a female employee appealed the decision of the Commission Against Discrimination which dismissed her complaint against her employer for sexual discrimination. The Massachusetts Supreme Court affirmed the Commission’s decision. Under Gen .L. C. 151B, §4(1) (1990), employment discrimination on the basis of gender is prohibited. The Massachusetts Code defines sexual harassment as “sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) 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; (b) 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.” Gen. L. C. 151B, §1(18) (1990).
Women and Justice: Keywords
Anderson worked the night shift at FBG Service Corp (“FBG”). A review conducted in November 1988 stated that Anderson’s work was “excellent.” In early or mid-July 1989, a coworker recommended Anderson for the recently vacated job of daytime supervisor, and Anderson expressed interest. The person with hiring authority told coworkers that he preferred a man for the job as it involved heavy lifting. A month later, the firm hired a man with 21 years of experience in the military and 18 years of experience in repairing machinery for a “janitorial” position at a rate of $4 an hour.
Plaintiff was employed by defendant as a file clerk and subsequently promoted to supervisory positions. Sometime thereafter, defendant hired a new supervisor to the plaintiff. This supervisor started sexually harassing female employees, including plaintiff, through offensive sexual comments and touching. Although plaintiff immediately reported incidents to the supervisor’s boss, she was told to handle the matter herself. Upon continuing to bring incidents to the attention of the manager, plaintiff was told that she was being paranoid. Eventually plaintiff addresses the executive vice president, expressed that she felt she was being forced out of the company, and when she was offered an undesirable transfer as a solution, offered her resignation. The plaintiff sued the defendant for hostile work environment, arguing that its investigation into the harassment was inadequate. To bring a claim for hostile work environment, the plaintiff needed to show: (1) the conduct would not have occurred but for the employee’s gender; (2) the conduct was severe or pervasive enough to make a (3) reasonable woman believe (4) that the conditions of employment are altered and the working environment is hostile or abusive. The court found that even though the defendant had a written policy against sexual harassment, the manager did not keep any records about the investigation, did not document the investigation, and did not question key witnesses about events. The court found that this enabled a hostile work environment, and held the defendant liable.