In the News: Sasha Thaler Quoted in Massachusetts Lawyers Weekly on Individual Liability in Campus Harassment Claims  

Constangy partner Sasha Thaler was quoted in a recent Massachusetts Lawyers Weekly article, “SJC to weigh individual liability in campus harassment," which previews the Supreme Judicial Court’s upcoming oral argument in Sabatini v. Knouse and examines whether Massachusetts law permits sexual harassment claims against individual faculty members and staff rather than only against educational institutions.

Sasha explained that the law at the center of the case appears to focus on what counts as sexual harassment, rather than who can be sued. “It makes sense to consider that only the definition of ‘sexual harassment’ found in Chapter 151C, §1, was imported into Chapter 214, not the entirety of Chapter 151C,” she said. “And that definition is not drafted in terms of the actor — whether an institution or an individual — but rather in terms of the conduct.”

She added that based on how the statute is written, the simplest interpretation is that the law is only pulling in the definition section. “[T]he most straightforward reading is that only the definition within Section 1 is being referenced,” she said.

Sasha also noted that lawmakers could have written the law more narrowly if they wanted to limit claims only to institutions, but instead they wrote it broadly and connected it to multiple anti-harassment and anti-discrimination laws. “Instead, it wrote a broader declaration of the right to be free from sexual harassment and tied it to both 151C and 151B,” the latter of which does clearly permit claims against individuals, she said.

At the same time, she acknowledged that earlier federal court decisions could still influence how the state’s highest court views the issue. “Those are well-regarded jurists, so their views will be considered carefully, although neither of these judges’ cases cited by appellee had significant analysis of the issue, possibly because of limited briefing on the subject by the parties in those cases,” she said.

To read the full article on Massachusetts Lawyers Weekly’s website, click here.

Sasha Thaler is a partner in Constangy's Boston office. Sasha advises employers on labor and employment matters, including workplace investigations, harassment prevention and response, and risk management strategies. She regularly counsels clients on navigating complex workplace laws and is a trusted resource on emerging developments in liability and compliance.