Harassment March 2001 Volume XIII, Issue 1 . For example, supervisors should let employees know that the company takes the issues seriously by taking a proactive stance in preventing harassment. When supervisors see a potential harassment situation, it should be dealt with even before a complaint is made. A proper and timely response to complaints or other indications of harassment may limit or eliminate employer liability.
Supervisors are in a prime position to assist the company avoid liability for sexual harassment.
On the other hand, the United States Supreme Court has made it clear that when supervisors engage in unlawful harassment, the employer can be liable for the acts of the supervisor even if the harassing supervisor is acting for personal motives unrelated to the interests of the employer and may even be acting contrary to express company policy. On the basis of these two principles, an employer is always held liable for a supervisor's harassment if it culminates in a tangible employment action. That is, if a supervisor's harassment results in a promotion or failure to promote, a demotion, an undesirable reassignment, termination of employment, or a decision causing a significant change in benefits, the employer will be liable. To rely on an affirmative defense, employers must generally show that they have a formal anti-harassment policy prohibiting such conduct and which provides an effective complaint procedures for victims of harassment, allowing them to reach appropriate officials who can take prompt corrective action. Employers must also be able to show that the harassment victim unreasonably failed to utilize the complaint procedures.