Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations. All employers are covered by the harassment section of the Fair Employment and Housing Act. If harassment occurs, an employer may be liable even if management was not aware of the harassment. An employer might avoid liability if the harasser is a rank and file employee and if the employer had no knowledge of the harassment, and if there was a program to prevent harassment. If the harasser is a rank and file employee, the employer may avoid liability if the employer takes immediate and appropriate corrective action to stop the harassment once the employer learns about it.
Employers are strictly liable for harassment by their supervisor or agents.
The harasser, as well as any management representative who knew about the harassment and condoned or ratified it, can be held personally liable for damages. If an employer has failed to take such preventive measures, that employer can be held liable for the harassment. A Victim may be entitled to damages even though no employment opportunity has been denied and there is no actual loss of pay or benefits. Retaliation for complaining about harassment is illegal, even if it cannot be demonstrated that the harassment actually occurred. If it is proven that a reasonable person, under like conditions, would resign to escape the harassment, the employer may be held responsible for the resignation as if the employee had been discharged.