CUSHNER & BLOOM, P.C.

BROOKLINE, MA  02446

Tel. (617) 608-0019

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Attorney Steven Bloom is available to offer representation on all types of discrimination cases. The following is a general overview of  just one type of discrimination claim: a racially-hostile work environment case, under Massachusetts law. 

Under Massachusetts General Laws Chapter 151B, Section 4 (1), it is illegal for any employer with more than 5 employees to discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religious creed, or national origin of  that individual.  The discrimination prohibited by this statute includes the creation of a work environment pervaded by abuse and harassment, one where intimidation, humiliation and stigmatization pose a formidable barrier to full and untrammeled participation in the workplace.

 Generally, to prove a claim of racial harassment through the creation of a hostile work environment in employment, a Complainant's (the person bringing the complaint) must show:

1)  that Complainant is a member of a protected class;
2)  the harassment was based on race (and/or national origin and religion);
3)  the harassment was sufficiently pervasive as to alter the condition of employment
     and create an abusive work environment; and
4)  the employer knew or should have known of the harassment and failed to take
     remedial action.

The conduct complained of must be severe or pervasive enough that a reasonable person in Complainant's position would find the work environment hostile and abusive.  In deciding whether the complained-of conduct rises to the level of pervasive, a fact finder will consider the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee's work performance.  While a mere offensive utterance may not be enough,   the Complainant may establish a hostile and abusive work environment where there is a steady barrage of opprobrious racial comment or abusive treatment.   The Complainant must also perceive the condition as being hostile or abusive.  The conduct often will detract employees from remaining on the job and will detract from employee's work performance.

 Usually, a Massachusetts employer can be found liable if it knew or should have known of the harassment and failed to take remedial action.  An employer may also be liable for racial harassment if either:  1)  an employee on whom Respondent has conferred supervisory authority causes the harassment, regardless of whether the Respondent had actual notice of the illegal behavior; or 2)  a coworker of the Complainant causes the racial harassment, and the employer knows of the harassment but fails to take adequate steps to remedy the situation.

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