REASONABLE CARE
Recent court rulings on employer liability have established
the "reasonable care" standard. Employers should have to show that they
took reasonable actions to prevent or promptly correct any sexual harassing
behavior.
Employers can still be liable for sexual harassment damage,
even if:
- The victim never reported the incident to the company.
- The harasser is not a supervisor, just a coworker or even a
customer.
- The victim and harasser are of the same sex.
- The supervisor did not pursue the investigation out of respect
for the victim's request for confidentiality.
- The victim sees their own opportunities obstructed by a manager's
sexual harassment or for legitimate consensual relationship with
another employee.
A BASIC SEXUAL HARASSMENT FLOWCHART
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