Can an employer be held liable for the actions of a supervisor who sexually harassed an employee?

California, United States of America


The following excerpt is from Doe v. Dep't of Corr. & Rehab., 255 Cal.Rptr.3d 910, 43 Cal.App.5th 721 (Cal. App. 2019):

of movement, to engage in unwanted sexual advances, etc., in order to carry out the legitimate objectives of personnel management. Every supervisory employee can insulate himself or herself from claims of harassment by refraining from such conduct. An individual supervisory employee cannot, however, refrain from engaging in the type of conduct which could later give rise to a discrimination claim. Making personnel decisions is an inherent and unavoidable part of the supervisory function." ( Reno v. Baird (1998) 18 Cal.4th 640, 646, 76 Cal.Rptr.2d 499, 957 P.2d 1333.) "When the harasser is a supervisor, the employer is strictly liable for the supervisor's actions. ( Roby , at p. 707, 101 Cal.Rptr.3d 773, 219 P.3d 749.)

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