“Zero Tolerance” for Sexual Harassment by Supervisors in the Workplace: Employers Don't Have a Real Choice

ABSTRACT

Unquestionably, the broad scope of employer liability for sexually harassing acts by supervisors has been expanded. In two decisions issued on the same date in 1998, the U.S. Supreme Court established that employers are strictly liable for sexual harassment committed by supervisors that affects tangible employment benefits. Employers now, more than ever, must continue to take preventive measures in providing a workplace free from sexual harassment and to take appropriate corrective action when harassment does occur. There is every indication that the field of harassment law is thriving, and will continue to develop. A “zero tolerance” policy for acts of sexual harassment by supervisors is a prudent deterrent that all employers should consider to avoid the pitfalls and liabilities in this developing area of the law.

KEYWORDS:

• Sexual harassment at the workplace
• supervisors
• strict liability
• preventive measures
• litigation