What is the extent of employer liability in sexual harassment?

An employer’s liability in a sexual harassment case will depend on the position of the harasser in the workplace or company, and the type of alleged sexual harassment. Sometimes, you can establish that you suffered harassment, and yet your employer might not be held responsible.

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When an employer can be held liable for sexual harassment

However, sexual harassment lawyers realize that employers have the added responsibility to hold supervisors and co-workers liable for their involvement, actions, and conduct related to sexual harassment and discrimination. For the most part, it is illegal for any employer to disregard such a situation and refrain from taking appropriate measures to stop the harassment and fix the situation.

An employer or any company official, who is in effect counted as the employer's proxy such as the president, remains the employer for all intents and purposes, and is liable for any type of harassment that they commit personally. If immediate supervisors, who are accorded direct authority over the harassment victim, commit sexual harassment, then the employer can be held strictly liable for the harassment and this will involve the activity of sexual harassment attorneys.

This is not what happened in the show 24 with Kate Mara’s character known as Shari Rothenberg who seemed to have some sort of psychoses that led her to believe that any man who looked at her or just barely touched her was for some reason trying to take advantage of her. People like this, albeit this character was totally fictional, cloud the sexual harassment airwaves and make it harder for genuine cases to receive the attention they deserve. There are Shari’s in real life.  

Types of sexual harassment

• Quid pro quo harassment happens in the workplace whenever a manager or person of authority offers or even make a hint that he/she is ready to offer the employee something in return, such as a hike in salary or promotion if the employee satisfies his/her sexual demands.
• Other supervisors, co-workers, and customers aren’t the employer’s proxies and therefore don’t wield any direct authority over the harassment victim. In such a situation, the employer cannot be held responsible for any sexual harassment committed by them. But that employee, if they are an employee, should be fired and if they are not at least reprimanded, then the employer can be at fault.
•  In continuing with what was just stated, sometimes a hostile work environment can prevail when the above mentioned sexually harasses an employee(s) in the workplace. An employer should be aware of such actions and should take necessary steps to end such behavior by taking action or responding to the victim’s complaints fairly and reasonably otherwise he/she/they can be held liable for their acts.

File a complaint with the EEOC

If an employer or his proxy sexually harasses or discriminates against you, you have the right to file a complaint with the EEOC or Equal Employment Opportunity Commission, right away. When the EEOC receives your complaint, they will duly inform your employer of your charge and initiate an investigation into the matter.

No retaliation can occur

If they find that the allegations are true but cannot reach a settlement with the employer on your behalf, they will give you an approval to file a case of sexual harassment in a federal court against the employer. During this period, legal representatives say that your employer is forbidden from retaliating against you for having filed a complaint.

Employment discrimination and sexual harassment claims are usually complicated, as the procedural laws differ from state to state. In such a situation, a sexual harassment lawyer is able to assist you in determining whether there is indeed a sexual harassment case, and that you can hold your employer liable. Under the circumstances, your best alternative is to hire a legal professional immediately.