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  1. #1

    Default Employee Questioned by Supervisor After Disclosing a Medical Condition

    My question involves labor and employment law for the state of: MA

    Recently a employee has indicated that they were harassed at work by a higher ranking employee. The higher ranking was concerned and asked if everything was ok as the employee had mentioned they had a doc appt in the AM for tests. The employee continued (uncoerced) to explain the whole situation in detail. He was not asked to share details.

    A "dumb and uneducated" response was made by the higher ranking official and said "are you okay is this like disease/AIDS or something? What can we do to help". It was uneducated and innocent response by the manager who had no idea as they are not medical.

    What is the statue of limitations of this in MA to be sued? Is there any recourse? Is this even "harrassment"?

    This was not a reoccurring question or topic and was not "intentional" to offend them. The Employee complained to HR weeks later after the complaining employee took part is jokes concerning the "uneducated idiot response".

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Possible Harassment / Statue Limitations in Ma

    No, this is not harassment. It was, as you indicate, not the swiftest response in the world, but it is a long, long way from harassment.

    Educate the higher ranking employer on better ways to handle this kind of situation and let it go. Even if it were harassment, your only legal obligation as an employer is to make it stop. If you make it stop, he has no grounds to sue.

  3. #3

    Default Re: Possible Harassment / Statue Limitations in Ma

    The other question is the HR rep told the higher ranking employee it was harassment. Seems incorrect. This obviously created a uncomfortable environment, but the complaining employee also created his work screen name as "AB Boy" (Aids Boy) the day later feeding the fire on it. THEN filed the complaint weeks later.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Possible Harassment / Statue Limitations in Ma

    Your HR rep is wrong.

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