What is the employer’s liability if it fails to deal with a harassment problem in the workplace?
The employer is responsible for the harassing conduct of its managers and supervisors in “quid pro quo” and “hostile environment” situations. The employer can also be liable for harassment of an employee by co-workers and even of non-employees, if the employer knew or should have known about the harassment and failed to take immediate and appropriate action. The employer must treat all complaints seriously, investigate them thoroughly, and document its efforts completely.