Person of Authority

If the perpetrator of the sexual harassment is a person of authority (supervisor, manager, owner, etc.), the employer will be considered strictly liable, i.e., other than denying the harassment occurred, no defenses are available. If, however, the perpetrator of the sexual harassment is a co-worker, the employer can eliminate or limit its liability to the victim of the sexual harassment if the employer can demonstrate that it maintains and has distributed sexual harassment policies and procedures to all of its employees, follows its own policies of sexual harassment when a complaint is made, and in response to a complaint of sexual harassment, investigates and takes prompt, remedial measures.

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