Historically, the federal courts have been far from uniform in their views regarding the circumstances under which employers may be held liable for sexually harassing conduct committed by their supervisory personnel.
Do You Know Who Your 'Supervisors' Are?
As distinguished from cases of supervisory harassment, an employer may not be held liable for a sexually hostile environment created by a victim's co-worker unless the employer knew or should have known about the sexual harassment and failed to take appropriate corrective action. Accordingly, in assessing the potential for employer liability it is important to determine, in the first instance, whether the alleged harasser is properly classified as a supervisor or a co-worker for Title VII purposes.
By
Lawrence Peikes And Lori Rittman ClarkThis premium content is locked for LawJournalNewsletters subscribers only
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