The Liability Of The Employer Essay

713 Words May 6th, 2015 3 Pages
The notion of liability of the employer is the secondary analysis made regarding hostile environment. To initiate, one must be acquainted with instances in which employers are or are not liable for a claim if hostile environment based on sexual harassment and sex discrimination. The first question one should ask, as described in Burlington Industries v. Ellerth, is who is the alleged offender, a co-worker or a supervisor? In further detail, what constitutes a supervisor? The latter question can be explained by examining Vance v. Ball State University. In that particular case, a woman was racially harassed by a co-worker that had the power to mandate the daily activities. However, the Vance’s co-worker did not have to power to hire, or fire any employees. The court found that, employees who can mandate the daily activities of his/her fellow co-workers but doesn’t have the power to engage in tangible employment action may not be classified as a supervisor. For purposes of liability, the court found that employees that are not direct agents of the company, those who can make important decision to maintain the progress of the company, are the only ones considered to be supervisor. To answer the first question, Burlington Industries v. Ellerth explains that if the offender is the supervisor, the employer has the complete liability unless the employer to reasonable action to address the sexual harassment or the alleged victim didn’t use the policy guidelines barring sexual…

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