Sexual Harassment From Supervisor to Employee
Sexual harassment is no laughing matter. Employees are entitled to work in an environemnt that is safe and comfortable. When a supervisor harasses employees he is responsible for advising, the employer of the supervisor is responsible for the supervisor’s action.
A person qualifies as an employee’s “supervisor” if the individual has the authority to recommend tangible employment decisions affecting the employee or if the individual has the authority to direct the employee’s daily work activities.
A “tangible employment action” means a significant change in employment status. This includes promotions, demotions, and undesirable reassignments, decisions causing a significant change in benefits, compensation decisions and work assignments. If an employee refuses to act on sexual demands by a supervisor and thus a demontion occurs.
Such an action can either be beneficial or detrimental.
The EEOC has recommended that all employers establish, distribute to all employees, and enforce a policy that prohibits harassment. The policy should include guidelines that effectively prevent and correct harassment. The procedures should spell out how an employee can file a complaint. In most cases, the policy and procedures should be in writing. It is also recommended that employees sign a document that acknowledges receipt of the policies. The policy should state that the employer will not tolerate retaliation against anyone who complains of harassment or who participates in an investigation. The actions of a supervisor are not only legal on the supervisor, but the employer is responsible legally as well.
Small businesses (usually fewer than 15 employees) may