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May an employer be held liable for sexual harassment even if the harasser lacked the ability to hire or fire the harassed employee?

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May an employer be held liable for sexual harassment even if the harasser lacked the ability to hire or fire the harassed employee?

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Yes. According to the Supreme Court, an employer is liable for a hostile work environment created by a “supervisor.” An individual is deemed to be a supervisor for purposes of liability if that individual has authority to direct another employee’s work assignments. An individual’s ability to hire or fire another employee is not relevant in determining their role as a supervisor for the purposes of liability.

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