In order to hold an employer responsible for the actions of an employee, certain legal elements must be proven. This includes showing that the harasser was an employee of the company, that the harassment occurred within the scope of the employee’s job, and that the employer knew or should have known about the harassment and failed to take action. Additionally, it may be necessary to demonstrate that the employer created a hostile work environment or allowed the harassment to continue despite being aware of it. If you have any questions about establishing employer liability in a sexual harassment lawsuit, don’t hesitate to reach out to Morgantown sexual harassment lawyer Desai Law Firm.
Elements Needed to Establish Employer Liability
Here is what we must prove as your sexual harassment attorney in order to show your company is financially responsible for the inappropriate conduct you endured:
- Employer-Employee Relationship: The first and most crucial element is establishing an employer-employee relationship. This means showing that the accused individual was acting within the scope of their employment when the harassment occurred.
- Actual or Constructive Knowledge: To hold an employer liable, we must prove that they had actual or constructive knowledge of the harassment. Constructive knowledge refers to situations where the employer should have known about the harassment, even if they didn’t have direct knowledge.
- Failure to Take Reasonable Steps: We need to show the employer failed to take reasonable steps to prevent or address the harassment. This can include having a clear anti-harassment policy in place, providing training to employees, and promptly responding to complaints of harassment.
- Vicarious Liability: In the context of sexual harassment, an employer may be held vicariously liable if the harassment was committed by a supervisor or someone in a position of authority. Even if the employer did not have knowledge of the specific incident, they may still be held responsible for the actions of their employees.
Employer Liability for Sexual Harassment: Supervisor Harassment vs. Co-Worker Harassment
Employer liability for sexual harassment in the workplace depends on the relationship between the harasser and the victim. If the harasser is a supervisor, the employer is automatically liable for the sexual harassment. This means that an employer can be held responsible for the actions of a supervisor, even if they were not aware of the harassment. On the other hand, if the harasser is a co-worker, the employer is typically only liable if they knew or should have known about the harassment and failed to take the necessary steps.
Employers’ Techniques to Protect Themselves
To protect themselves from employer liability in sexual harassment cases, employers can try different techniques:
- Promptly and objectively investigate complaints: Employers should take any complaint of sexual harassment seriously and conduct a thorough investigation. This includes interviewing the parties involved and any witnesses, documenting the findings, and taking appropriate corrective action if the complaint is justified.
- Review employment practices liability insurance policy: Employers should review their insurance policies to ensure they have adequate coverage in the event of a sexual harassment claim.
- Implement a written nondiscrimination policy: Having a clear policy that prohibits sexual harassment and outlines the procedure for reporting and addressing complaints is essential.
- Conduct regular training on sexual harassment: Educating employees on what constitutes sexual harassment, the repercussions, and the reporting process can help prevent incidents and create a culture of respect.
- Not take disciplinary action against the complainant: Employers should be cautious not to retaliate or take disciplinary action against the person making the complaint unless there is evidence of intentional lying.
Employer Liability and Controversial Court Rulings
In a recent ruling, the Supreme Court held that an employer is always liable if sexual harassment takes the form of a tangible employment action. This means that if the harasser takes a concrete action such as firing, demoting, or denying a promotion to the victim, the employer is liable.
In cases of hostile environment harassment without a tangible job action, the employer is presumed liable but can have an affirmative defense if they enforced their policy against sexual harassment and the employee failed to take advantage of corrective opportunities. This ruling places the burden on employers to have clear policies in place and to take appropriate action when harassment is reported.
Furthermore, the employer can be liable for a hostile work environment created by fellow colleagues or even non-employees if they know about it but fail to take appropriate action. Employers have a responsibility to provide a safe and inclusive working environment, free from harassment.
Recent Court Decisions and Impact on Employer Liability
This recent Supreme Court ruling has raised the bar for employers in sexual harassment cases. Employers will now be liable for supervisors’ harassment in all cases, except when the complaining employee suffers no tangible employment action. Even with this narrow exception, employers may have difficulty establishing the elements of the affirmative defense.
Traditional liability standards in sexual harassment cases were quid pro quo and hostile environment. Quid pro quo cases involved tangible job detriment, while hostile environment cases required employer knowledge and failure to take remedial action. Employers can avoid liability by establishing an affirmative defense of reasonable care and employee failure to take advantage of corrective opportunities. However, the court did not provide guidance on how to establish the second element of the affirmative defense in cases where the employee reports the harassment through the employer’s complaint procedure.
The impact of these decisions is expected to invigorate the plaintiffs’ bar and generate confusion in lower courts. Settlement value of claims of supervisory sexual harassment will increase, and dismissing sexual harassment claims via summary judgment will become more difficult for employers.
Proactive Steps to Reduce Workplace Sexual Harassment
As Morgantown sexual harassment lawyers, we are passionate about reducing incidents of harassment on the job. Here are some steps we recommend to achieve that:
- Establish a sexual harassment policy
- Educate and admonish supervisors
- Educate non-supervisory employees
- Enforce the sexual harassment policy
Your Trusted Morgantown Sexual Harassment Lawyer
If you have experienced sexual harassment in the workplace, look to Morgantown’s trusted sexual harassment attorney, Desai Law Firm. We know what is necessary to prove the elements of your case to ensure you come out on top. To book a free case review with Desai Law, contact our office now.
