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Sexual harassment

Employers are strictly liable for sexual harassment by either a direct or indirect supervisor

Employers are strictly liable for sexual harassment by a supervisor. In other words, the employer can’t defend itself by saying it did not know what the supervisor was doing.

Strict liability extends to the actions of a person who is not the employee’s direct supervisor, but has some management authority over the employee. E.g., A manager who is not the direct supervisor but is responsible for assigning work schedules to employees.  An employer is strictly liable for the actions of an employee who exercises authority over the employee’s work.  A federal court case that is directly on point is Saber v. Belfor USA Group, Inc.  

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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