Is Inappropriate Touching in Tanning Salon viewed as Sexual Harassment?
03/18/2009 - Criminal - State: MA #15678
Spray tanning in an enclosed room. Sexual harassment if touched inappropriately?
Sexual harassment has been defined by the Equal Employment Opportunity Commission as "The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as follows: "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when:
1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals.
3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment."
Please see the following MA statute:
G.L.c. 265, § 13H. Indecent assault and battery on person fourteen or older; penalties.
Section 13H. Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.
Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2 1/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.
Please see the information at the following links:
03/18/2009 - Category: Criminal - State: MA #15678
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