Who is liable for sexual harassment in the workplace?

Depending on the situation, both the employer and the individual who engaged in sexual harassment can be liable for damages. Under the California Fair Employment and Housing Act, employers are automatically liable when a supervisor or manager sexually harasses an employee.

The employer is liable regardless of whether or not they had prior knowledge of the sexual harassment. An employer can also be liable if they knew or should have known about the sexual harassment and did not take immediate action to stop the illegal behavior.

When sexual harassment is committed by an employee who is not in a supervisor position, the employer is only liable if they knew or should have known about the harassment and failed to take appropriate corrective action immediately. The same holds for sexual harassment by vendors, customers or clients.

Knowing who is responsible for the sexual harassment you experienced in the workplace is essential when filing a claim. Issues of liability can be complicated, which is why it is important to speak to a knowledgeable employment lawyer who has a thorough understanding of California labor laws. Discuss your situation with a sexual harassment attorney at Erlich Law Firm to learn more.

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