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Ellen, Lawyer
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Eric, a supervisor at X Corporation, sexually harasses a subordinate

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Eric, a supervisor at X Corporation, sexually harasses a subordinate employee by constantly asking her for dates, when she repeatedly and firmly has said "no." The supervisor also makes jokes of a sexual nature around this employee. She becomes so stressed out one day that she had to "clock out" early and go home to compose herself, thereby losing four hours of work. X Corporation learns of the misconduct, and promptly fires the supervisor for violating its sexual harassment policies, and then the company also apologizes to the employee; but she sues the company for sexual harassment nonetheless. Assuming sufficient evidence, the likely result of such a lawsuit would be:

The employer would not be liable since it has policies to combat sexual harassment which it enforced by firing the supervisor.

The employer would be liable but only if the employee could demonstrate that the employer knew or should have known that its supervisor was sexually harassing employees.

The employer would be absolutely liable for the sexual harassment regardless of knowledge or intent.

The employer would not be liable since workplace romance is common in the office today, and the employee was probably too sensitive about it.
Submitted: 5 years ago.
Category: Homework
Expert:  Ellen replied 5 years ago.

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