While companies have long borne the brunt of disgruntled employees’ wrath in federal court, supervisors and managers have traditionally avoided becoming directly entangled in such lawsuits. That’s because most federal and state employment statutes allow for lawsuits only against the companies themselves, not individual employees of those companies.
So while the actions of a single supervisor in a 5,000-employee company might get the entire organization sued for sexual harassment, the individual supervisor would be immune from liability under Title VII of the Civil Rights Act.
That’s now changed.
The Indiana Supreme Court has opened wide the lid on a Pandora’s box, condoning a whole new area of potential liability for both supervisors and the companies that employ them.
In a 4-1 decision, the court held in Raess v. Doescher (49S020710-CV-424, Indiana Supreme Court, 2008) that a plaintiff was entitled to keep a...(register to read more)
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