Supervisor versus coworker harassment
It matters whether the harassment you suffered was perpetrated by a supervisor versus a coworker. T the employer may automatically be liable if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.
If a supervisor creates a hostile work environment for an employee (with no adverse action like being fired), then the employer can prevail only if it can prove:
- it reasonably tried to prevent and promptly correct the harassing behavior; and
- the employee unreasonably failed to take advantage of any preventive or corrective opportunities offered by the employer, such as reporting the harassment to the employer.
If a non-supervisory employee harasses another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.
Talk with a sexual harassment lawyer to maximize your potential damages. If you have experienced workplace discrimination or whistleblower retaliation, call us at (202) 769-1681, or start your preliminary consultation online
Latest From The Glass Ceiling Discrimination Blog
Law360 interviews age discrimination lawyer Eric Bachman about company layoffs that discriminate against older workers
Age discrimination lawyer and Bachman Law founder Eric Bachman was interviewed by Law360 about the potential legal implications of a recession. More specifically, that companies
Law360 interviewed Bachman Law founder Eric Bachman about the key takeaways from the massive $460 million verdict in an employment discrimination and retaliation case in
In a sexual harassment lawsuit, a key legal question is whether the employee complained to the company about the harassment. But what, exactly, counts as