Employers can escape liability for most sexual harassment by implementing an effective sexual harassment policy, investigating complaints and taking prompt action.
When the alleged harasser is a supervisor, employers aren’t liable if there was no tangible employment action taken—the harassed employee wasn’t fired, demoted or otherwise punished—and the harassment was stopped promptly.
But it doesn’t always work out so neatly in larger organizations. For example, an employee complains about sexual harassment, and the company launches an investigation. If the conduct was largely private, it becomes a he-said/she-said situation. That’s when most employers separate the two. If the harasser is a supervisor, the victim may get a transfer and a new boss.
And then the employer closes the book on an ugly issue.
Fast-forward a few years, a few retirements, a few reorganizations. Suddenly, the two again work in the same bu...(register to read more)
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