113k views
5 votes
An employer that has an anti-harassment policy will avoid liability for sexual harassment committed by a victim's co-worker. True or False?

1 Answer

4 votes

Final answer:

Having an anti-harassment policy does not guarantee an employer will avoid liability for sexual harassment by co-workers. Employers must actively maintain a harassment-free environment and enforce their policies to reduce liability.

Step-by-step explanation:

The statement that an employer with an anti-harassment policy will avoid liability for sexual harassment committed by a victim's co-worker is False. While having an anti-harassment policy is imperative, it does not automatically shield an employer from liability. Employers are responsible for maintaining a harassment-free workplace, as mandated by the Civil Rights Act of 1964 and Title IX for educational institutions receiving federal funds.

According to the U.S. Equal Employment Opportunity Commission, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. Anti-harassment policies are essential in defining such behaviors, providing procedures for prevention and addressing incidents, and ensuring the entire organization is aware of these guidelines. Additionally, the Supreme Court has ruled that employers are accountable for ensuring their work environments are free from harassment. Therefore, the effectiveness of a policy and the employer's efforts to enforce it are significant factors in determining liability when harassment occurs.

User Bee Smears
by
8.3k points