Can an employer be held liable for a single harassment incident?
McCurdy v. Arkansas State Police – After employee handbooks were distributed, a police sergeant entered the workplace and proceeded to improperly touch a female dispatcher and began to ask her sexual questions. The dispatcher immediately reported the sergeant, and he was eventually demoted and transferred. As a result of its quick action, the employer “established an affirmative defense that shielded it from liability.” To establish such an affirmative defense, it must be shown that: The employer must have exercised reasonable care to prevent and promptly correct any sexually harassing behavior, and The complaint must have unreasonably failed to take advantage of any of the employer’s preventive or corrective opportunities or otherwise acted to avoid harm. As you can see in this case, it is important to respond quickly to harassment cases. By responding quickly, the employer was able to assert the Supreme Court’s affirmative defense. This case illustrates how important it is to have an
Related Questions
- May an employer be held liable for sexual harassment even if the harasser lacked the ability to hire or fire the harassed employee?
- What is sexual harassment and when will an employer be held liable for sexual harassment in the workplace?
- Can an employer be held liable for a single harassment incident?
