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Topic: Business
Number of pages / Number of words: 5 / 1347
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In these two recent decisions, the Supreme Court clarified the standards for employer liability in such situations:

? If a supervisor subjects a subordinate employee to some negative job action based upon the employee's acceptance or rejection of his/her sexual advances, the company will be automatically liable for that supervisor's harassing conduct...


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It is irrelevant in such a situation whether the company maintained an anti-harassment policy or whether the victim complained to management, and no affirmative defense is available to the employer in such cases.

? Where a supervisor acts in a manner which creates a hostile work environment for a subordinate employee, but does not take any negative job action against that employee, and where the conduct is extreme, severe or pervasive, the employer will be held liable for sexual harassment unless it can meet the requirements of the employer exercising reasonable care to prevent and correct promptly any sexually harassing behavior; and the employee unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer or to avoid harm otherwise...


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