1. Regarding sexual harassment claims filed by an employer against his or her em

Question

1. Regarding sexual harassment claims filed by an employer against his or her employer:
Answer

a. Companies are absolutely liable for all sexual harassment claims since sexual harassment is a serious legal and moral wrong.

b. Companies are absolutely liable for sexual harassment inflicted by a manager or supervisor against a subordinate employee who suffers a tangible job loss or harm.

c. Companies are not liable for sexual harassment claims unless they actually knew of the sexual harassment and condoned it.

d. Companies are never liable for sexual harassment claims since the meaning of a "hostile" or "offensive" sexual work environment is too vague and subjective to impose legal liability.

Explanation / Answer

1. HAVE A POLICY PROHIBITING SEXUAL HARASSMENT

Many courts have held that an employer may negate liability or diminish damages for sexual harassment by its employees in a hostile work environment claim by taking immediate corrective action when it first learns of any illegal harassment. Therefore, employers must adopt a written policy against harassment. An employer should also tell its supervisors that harassment is illegal and will not be tolerated, and publicize to all employees its grievance procedures. These policies should condemn all forms of harassment in the workplace and specifically note what conduct is prohibited. It is important to state that there will be severe repercussions for anyone found to be engaging in sexual harassment.

The employer’s anti-harassment policy should encourage an employee who has been the victim of harassment to notify his or her supervisor or the personnel manager. The policy should also inform the employee who to notify when the harassing party is the immediate supervisor. As a practical matter, the policy may allow the victim of harassment to report sexual harassment to any supervisor or manager, so that the victim can bring the complaint to any person in management that s/he feels comfortable with. The policy should publicize the employer’s grievance procedures for handling complaints. Companies are absolutely liable for sexual harassment inflicted by a manager or supervisor against a subordinate employee who suffers a tangible job loss or harm .The importance of maintaining a specific and well-publicized anti-harassment policy is reflected by the Supreme Court's statement in Meritor Savings Bank, that the employer’s claim that it should be insulated from liability because the employee failed to invoke the grievance procedure would be "substantially stronger if its procedures were better calculated to encourage victims of harassment to come forward."

ANS
b. Companies are absolutely liable for sexual harassment inflicted by a manager or supervisor against a subordinate employee who suffers a tangible job loss or harm

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