When will an employer be liable for harassment by a co-worker as opposed to a supervisor?
A. An employer is liable for harassment by a co-worker if it knew or should have known of the misconduct, unless it can show that it took immediate and appropriate corrective action. Q. When will an employer be liable for harassment by a non-employee as opposed to a supervisor? A. An employer is liable for harassment by a non-employee if it knew or should have known of the misconduct, unless it can show that it took immediate and appropriate corrective action The employer’s control over such individuals’ misconduct is considered. Tangible Employment Decisions Q. What are tangible employment decisions? A. “Tangible employment decisions” are decisions that significantly change another employee’s employment status. Such actions include, but are not limited to, hiring, firing, promoting, demoting, and reassigning the employee. As the Supreme Court stated, “[t]angible employment actions fall within the special province of the supervisor.” A tangible employment action is the means by which t
