Lexology.com
Seyfarth Shaw LLP
USA
October 17 2011
In Cahill v. Silva, the Massachusetts Appeals Court held that harassment occurring outside of work time and away from the workplace is actionable if it affects an employee’s terms and conditions of employment or is otherwise sufficiently linked to the workplace. This decision serves as a reminder that an employer may be found liable for its employees’ off-duty conduct.
Shortly after Daryl Cahill began working at Exodus Medical Transportation, he commenced a consensual sexual relationship with his direct supervisor, Christina Nelson. When the relationship deteriorated, Nelson threatened to fire Cahill, which prompted him to resume the relationship for several months. After the relationship ended a second time, Nelson vandalized Cahill’s car and told him he should stop reporting to work. Over the ensuing weeks, Nelson left Cahill several voicemail messages detailing her plans to terminate his employment if he did not engage in sexual relations with her. Cahill reported Nelson’s harassment to the Company’s owner, Stephen Silva, who placed Cahill on leave pending the resolution of the issues with Nelson. Silva demoted Nelson and requested that Cahill return to work. Cahill refused and filed suit against the Company, Silva, and Nelson, alleging quid pro quo sexual harassment.
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