Massachusetts Injury Lawyers Blog
Victims of sexual harassment or assault in the workplace often feel entitled to pursue every legal avenue against their employer. However, Massachusetts law channels such claims into specific statutory schemes, leaving little room for common law actions. A recent Massachusetts decision highlights how the exclusivity provisions of the Workers’ Compensation Act and the state’s anti-discrimination law can bar victims and their families from seeking additional remedies in court. If you or a loved one experienced harassment or assault at work, it is critical to understand these limitations and to speak to a Massachusetts Workers’ Compensation attorney promptly about the proper way to preserve your rights.
Case Setting
It is reported that the plaintiff was working at a retail store when she was assaulted and raped by an assistant store manager who was not scheduled to work that evening. The manager sent other employees home, leaving the plaintiff alone before committing the assault.
Allegedly, the employer had previously disciplined the assistant store manager for inappropriate conduct, including sexual harassment, and had received complaints from other employees about his behavior. Following the incident, the employer terminated the assistant store manager.
It is reported that the plaintiff and her family members filed a nineteen-count complaint against the employer, alleging negligence, assault and battery, false imprisonment, intentional and negligent infliction of emotional distress, loss of consortium, and multiple statutory violations, including claims under the Massachusetts Civil Rights Act, Equal Rights Act, and G.L. c. 214, § 1C. The trial court granted summary judgment for the employer on nearly all claims, concluding they were barred by statutory exclusivity provisions. The plaintiffs appealed.
Workers’ Compensation and Common Law Claims
On review, the court first considered whether the Workers’ Compensation Act barred the common law claims. It explained that both physical and emotional injuries arising out of workplace assaults are considered compensable under the Act. Because the plaintiff’s injuries occurred at work and arose solely from her employment relationship with the assailant, her common law claims for negligence, assault and battery, and emotional distress were barred by the Act’s exclusivity rule.
The court rejected the plaintiffs’ request to carve out an exception for sexual assaults, emphasizing that the focus is on whether the injuries arose in the course of employment, not whether the conduct was a “normal risk” of the job. Although the result may seem harsh, the court pointed out that the Legislature had already created a separate statutory remedy for sexual harassment under G.L. c. 151B and G.L. c. 214, § 1C. Because the plaintiffs had not followed the procedural requirements of those statutes, their statutory claims were also barred.
The court next addressed the false imprisonment claim. Although such a claim is not automatically precluded by the Workers’ Compensation Act, the court concluded that the employer could not be held vicariously liable. The assistant store manager’s conduct was not within the scope of his employment, nor was it motivated by any intent to serve the employer. As a result, the employer could not be held responsible for false imprisonment or loss of consortium stemming from the assault.
In affirming summary judgment for the employer on all counts, the court reinforced that Massachusetts law provides carefully defined remedies for workplace injuries and harassment, and those remedies must be pursued within the statutory framework.
Confer with a Capable Workers’ Compensation Massachusetts Lawyer
If you suffered harm at work, consulting with an attorney early is essential to ensure that all procedural requirements are met and that your rights are preserved. James K. Meehan of the Law Office of James K. Meehan is a capable Massachusetts workers’ compensation lawyer who can help you understand your options and pursue any available relief. You can contact Mr. Meehan by calling 508-822-6600 or by filling out the online form to arrange a consultation.