Defense of Sexual Harassment Claim

Issue: Defense of Sexual Harassment Claim

Sheridan v. Action 6 BayState Travel, Inc., Middlesex Superior Court, Cambridge, Massachusetts, Cambridge District Court, Cambridge, MA

Counsel: Denzil D. McKenzie

This is an action charging the employer with sexual harassment under G.L.c. 151B that was removed to Middlesex Superior Court, but was transferred to the District Court due to the Plaintiff’s inability to satisfy the jurisdictional amount. The employee claimed that a consultant hired by the employer made inappropriate sexual advances towards her in violation of G.L.c. 151B. She never notified her employer of the consultant’s inappropriate conduct until after she was terminated for poor performance. The employee prevailed at trial in the District Court and was awarded damages. The Employer appealed and challenged the District Court’s subject matter jurisdiction over the dispute. The Appellate Division of the District Court reversed the trial judge and ordered the case referred to the Superior Court. The parties eventually settled for a nominal sum that was paid by the employer.