Under the New York State Human Rights Law, all employers must provide a work environment free from sexual harassment, regardless of the number of employees.
Additionally, Title VII of the Civil Rights Act of 1964 makes it illegal for employers to allow workplace sexual harassment. This means they must take measures to prevent harassment from happening and stop it when it occurs.
All that said, employers have a legal and ethical duty to protect their employees from sexual harassment. However, some might argue that employers shouldn’t be responsible for the individual actions of their workers.
Here are reasons why that may not be the case.
Employers must have and enforce anti-sexual harassment policies
Many courts recognize that employers must have and enforce policies against sexual harassment. Simply having rules in a handbook is not enough. Employers must take active steps to prevent harassment, such as conducting training sessions.
If an employee harasses another, the employer might avoid liability by showing:
- They have and enforce an anti-sexual harassment policy
- They promptly and properly investigated the claim
- They took proper action after finding the claim was valid
- The employee did not use preventative or corrective measures available to them
However, this is not always the case. If an employer fails to create and uphold such policies, they may still be liable for harassment that occurs.
Supervisors need to report sexual harassment immediately
Under New York law, supervisors and managers must report sexual harassment when they:
- Receive information about suspected harassment
- Witness sexually harassing behavior
- Suspect sexual harassment is happening
- Receive a report from a victim
Supervisors and managers can face disciplinary action if they fail to report cases, even if they are only operating under suspicion. The same applies if they intentionally allow the harassment to continue.
Since these employees are exercising the authority given by their employer, the employer is liable for how supervisors or managers use (or fail to use) that authority to prevent harassment.
How can you seek justice?
Your employer is responsible for protecting you against workplace harassment, be it physical, sexual or discriminatory. While suing the harasser alone may give you enough sense of justice, holding your employer liable might provide better compensation.
An experienced employment law attorney can help you take the best course of action. Sexual harassment should never be tolerated, and legal guidance can help you get the justice you deserve.