Manager employee dating harassment precidents


07-Jul-2017 15:08

The number of racial harassment charges rose from 4,910 to 9,908 charges in the same time period.

While the anti-discrimination statutes seek to remedy discrimination, their primary purpose is to prevent violations.

The Supreme Court, in The new affirmative defense gives credit for such preventive efforts by an employer, thereby “implement[ing] clear statutory policy and complement[ing] the Government’s Title VII enforcement efforts.” The question of liability arises only after there is a determination that unlawful harassment occurred.

Harassment does not violate federal law unless it involves discriminatory treatment on the basis of race, color, sex, religion, national origin, age of 40 or older, disability, or protected activity under the anti-discrimination statutes.

Thus, it is critical to determine whether the person who engaged in unlawful harassment had supervisory authority over the complainant.Thus, the standard of liability set forth in the decisions applies to all forms of unlawful harassment.(See section II, below.) Harassment remains a pervasive problem in American workplaces.Furthermore, the anti-discrimination statutes are not a “general civility code.” Existing Commission guidance on the standards for determining whether challenged conduct rises to the level of unlawful harassment remains in effect.

This document supersedes previous Commission guidance on the issue of vicarious liability for harassment by supervisors.

The determination as to whether a harasser had such authority is based on his or her job function rather than job title ( An individual qualifies as an employee’s “supervisor” if he or she is authorized to undertake tangible employment decisions affecting the employee.



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