Who Is Liable for Sexual Harassment Under the Law?

• Every employer in a workplace where sexual harassment occurs can be found liable for the harassment.

• Every prospective employer, in the case of sexual harassment involving a job applicant, may be found liable for harassment.

• While individual liability is not a part of Title VII, sexual harassment lawsuits often add claims such as battery or intentional infliction of emotional distress, which can impose individual liability.  With this in mind, every supervisor, non-supervisor, co-worker or ordinary employee found liable for sexual harassment can be held personally liable for the damages caused by the unlawful harassment.

Exposure to liability means that sexual harassment matters to both employees and employers in a big way.  Everyone in the workplace needs to understand what harassment is and take steps to prevent it.