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: sexual harassment in the work place (under Massachusetts law).  Of course, there are many types of sexual harassment claims.

Sexual harassment in the workplace is sex discrimination which is prohibited by Massachusetts and Federal law because a  work environment pervaded by harassment or abuse with the resulting intimidation, humiliation and stigmatization poses a formidable barrier to the full participation of an individual in the workplace.

Sexual harassment is defined under Massachusetts law 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 decision; (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.

Unlawful sexual harassment may appear in the guise of sexual overtures, requests for sexual favors and/or verbal or physical conduct of an explicit sexual nature, which thereby creates a hostile, humiliating or offensive work environment and materially interferes with an employee's ability to perform the duties of his or her job. Sexual harassment is also found when submission to or the rejection of the sexual overtures or requests for sexual favors constitute the basis of employment decisions: hiring, termination, failure to promote. To establish a prima facie case of sex discrimination effecting the terms and conditions of employment, Complainant (the person bringing the complaint) must show that:

                                         (a) he/she is a member of the protected class;
                                         (b) he/she suffered adverse employment actions; and
                                         (c) there was a causal connection between his/her protected status and
                                              the adverse action.

The establishment of a prima facie case creates a presumption that the employer unlawfully discriminated against the employee.  The prima facie case raises an inference of discrimination because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors. The burden of production then shifts to the employer to articulate some legitimate reason for the adverse employment action (such as termination). The employer's explanation must consist of not only a nondiscriminatory reason for the employer's actions but also credible evidence indicating that the reasons advanced were the real reasons.  Provided that the employer sustains its burden of production, the employee must then demonstrate that the employer's proffered reason for the adverse employment action was simply a pretext (for  sex  discrimination).