What Must Be Proven To Recover For Hostile Work Environment Harassment?
Courts have held employers liable for hostile work environment harassment by supervisors when they: • Actually knew of the harassment Examples of when a company actually knew of the harassment include when a person in authority actually observed the harassment, the victim files a formal complaint, or the harassment is widely and openly practiced. • Could have learned of the harassment Examples of when a company should have learned of the harassment include when harassment is blatant, employees raised complaints which were ignored, or managers witness conduct which indicates they should make further inquiry. • Failed to take immediate and appropriate action to correct it In addition to knowledge of the harassment, the company must have failed to take action in order to be found liable. When the company learns of harassment, it must act promptly, and the action it takes must be effective. An effective remedy is one that will stop the harassment and prevent it from recurring. For example,
