In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders?

A

Employer’s liability for harassment in the hands of top officials is vicarious for both tangible employment action and hostile environment. The same is the case for harassment by managers and supervisors, and in addition, they are answerable towards “tangible employment action” and are required to put up an affirmative defense against a hostile environment. For harassment by nonsupervisory employees and third parties, the employer’s liability is not applicable for tangible employment action but applicable for negligence for a hostile environment. An employer can avoid vicarious liability for harassment by managers and supervisors for nontangible employment actions by establishing affirmative defense as follows. The defendant should prove that he took adequate action in the prevention and redress of any instance of harassment and also that the victim (plaintiff) failed to avail of the remedial measures offered by him or to avoid harm in any other manner. The affirmative defense can be invoked by the employer only if there is already a sound harassment policy and complaint procedure in existence to show that he took reasonable care as held in Burlington Industries v. Ellerth. For harassment by coworkers or third parties, the employer is liable if the plaintiff (victim) could show that the employer had the knowledge of the harassment but did not take any action to stop it.

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Academic.Tips. (2021) 'In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders'. 9 June.

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Academic.Tips. (2021, June 9). In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders? Retrieved from https://academic.tips/question/in-what-ways-do-the-standards-used-to-attribute-liability-for-harassment-to-employers-differ-depending-on-whether-the-harassers-are-managers-coworkers-or-third-parties-regardless-of-whether-the-har/

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Academic.Tips. 2021. "In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders?" June 9, 2021. https://academic.tips/question/in-what-ways-do-the-standards-used-to-attribute-liability-for-harassment-to-employers-differ-depending-on-whether-the-harassers-are-managers-coworkers-or-third-parties-regardless-of-whether-the-har/.

1. Academic.Tips. "In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders?" June 9, 2021. https://academic.tips/question/in-what-ways-do-the-standards-used-to-attribute-liability-for-harassment-to-employers-differ-depending-on-whether-the-harassers-are-managers-coworkers-or-third-parties-regardless-of-whether-the-har/.


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Academic.Tips. "In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders?" June 9, 2021. https://academic.tips/question/in-what-ways-do-the-standards-used-to-attribute-liability-for-harassment-to-employers-differ-depending-on-whether-the-harassers-are-managers-coworkers-or-third-parties-regardless-of-whether-the-har/.

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"In what ways do the standards used to attribute liability for harassment to employers differ depending on whether the harassers are managers, coworkers, or third parties? Regardless of whether the harasser is a manager or an employer, what are some things that the company should be mindful of when investigating complaints of harassment and when disciplining offenders?" Academic.Tips, 9 June 2021, academic.tips/question/in-what-ways-do-the-standards-used-to-attribute-liability-for-harassment-to-employers-differ-depending-on-whether-the-harassers-are-managers-coworkers-or-third-parties-regardless-of-whether-the-har/.

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