What Is The Liability To Employers For Sexual Harassment?
The employer is not always strictly liable for sexual harassment by its supervisors and employees. Nevertheless, under the quid pro quo theory, an employer is strictly liable for conduct of its supervisors who have authority over hiring, advancement, dismissal, and discipline. Under the hostile work environment theory, an employer is only liable for conduct of its supervisors if the act took place in the scope of the supervisor`s employment. This requires an examination of factors such as when and where the act took place, and whether it was foreseeable. Under either theory, an employer can be held liable for nonsupervisory employees if the employer knew or should have known of the conduct and failed to take corrective action within a reasonable time period. An employer will be held liable for retaliatory action against an employee if it takes such action because of a complaint of sexual harassment.
Other Sexual Harassment FAQs
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Q:
What Is Sexual Harassment?
A: Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual harassment may occur when there are unwelcome … More -
Q:
What Is A Hostile Work Environment And Sexual Harassment?
A: A hostile work environment and sexual harassment occurs when there is conduct that creates an offensive or hostile working environment. Such conduct includes … More -
Q:
My Boss Keeps Making Sexual Comments To Me That I Find Offensive? Do I Have Any Legal Rights?
A: There are various steps one can take to end sexual harassment using the legal system. However, these are generally considered only as a last resort. The first step is … More
