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Under the new law, a worker will be able to refuse work when there is a risk of workplace violence, but not when they are victims of harassment.
Of course, an employee who is the victim of harassment at work may be able to sue her employer for breach of contract or constructive dismissal, especially if the employer was aware of the harassment and failed to stop it.
If there is sufficient closeness in time between the complainant's rejection of her supervisor's request and her firing, this may create an inference of causation.16 The employer would then have to articulate a legitimate non-discriminatory reason for its adverse action supported by credible evidence. Bravo's Pizzeria and Restaurant, 23 MDLR 167 (2001) with Rushford v.
The law would require employers to develop and post policies on workplace violence and harassment.
The Governor in Council may make regulations respecting the terms and conditions to be included in or applicable to any contract, licence or grant made or granted by Her Majesty in right of Canada providing for The Governor in Council, on the recommendation of the Commission, may make regulations authorizing the Commission to exercise such powers and perform such duties and functions, in addition to those prescribed by this Act, as are necessary to carry out the provisions of this Part and Parts I and III.
In appearing at a hearing, presenting evidence and making representations, the Commission shall adopt such position as, in its opinion, is in the public interest having regard to the nature of the complaint.
The standards governing the prohibition of sex discrimination and sexual harassment in the workplace are set forth in Massachusetts General Laws chapter 151B ("chapter 151B").
The Massachusetts Commission Against Discrimination ("MCAD" or the "Commission") issues these guidelines to assist employers, employees, attorneys and the general public in understanding what constitutes sexual harassment, as well as to explain what employees and employers should do to prevent, stop and appropriately respond to sexual harassment. 758, 765 (1997) (mayor's directive to "get rid of" plaintiff after she complained about discriminatory behavior was retaliatory and mayor could be held individually liable); Kelley, 22 MDLR at 217 (complainant won damage award against department and individuals for unlawful retaliation because the individuals had participated in, were aware of, or could have prevented the retaliatory conduct). Acticell H'W Cosmetics, 22 MDLR 284, 287-88 (2000).71 Erewa v. Malden Hosp., 19 MDLR 157, 157-58 (1997), See also Murray v.