Is the employer liable for sexual harassment? Maybe, it depends.
Is the employer liable for sexual harassment? Maybe, it depends.
What does it depend on?
1. A restaurant manager sees some customers harassing a server, but the server doesn't
complain about it to anyone. When the customers continue harassing the server, the manager
goes over to the table and tells the customers to stop it or they'll have to leave. They say
they'll stop, but when she returns to the table, one of them makes another sexual comment
and tries to grab her. The server immediately walks out and goes home before her shift is
over. Then the manager evicts the customers from the restaurant and bans them for life.
2. The male dishwashers at a restaurant continually harass a new female employee with a lot of
sexual jokes and suggestions. They also harass each other just as much, so when she reports
the harassment to the manager, the manager just says, "That's the way it is in every kitchen.
Plus, it's not even discrimination because it's the same for everyone." So she quits and hires
a lawyer.
3. A manager promises to give an employee every weekend off if she will have sex with him
once a month. She refuses, then she's scheduled to work every weekend after that.
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