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Sexual harrassment personal liability

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They continue to name individual supervisors and human resources directors as individual defendants despite case law that generally holds individuals cannot be found liable under some of the most common federal employment discrimination laws: Title VII of the Civil Rights Act of , the Americans with Disabilities Act ADA , and the Age Discrimination in Employment Act ADEA. Unfortunately, the clear language in case law supporting the dismissal of individuals has not prevented plaintiffs from bringing claims under these statutes. A federal court judge in Oregon recently outlined this costly and questionable practice in his dismissal opinion in a case involving Starbucks, stating:. This court fails to see any need to file a lawsuit to deter such unlawful behavior. Even if employees are not sued individually, their employer surely will take appropriate action to deter any future behavior. Instead, they appear to presume that any employee who questions the plaintiff's work performance should be sued.
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Harassment Claims Highlight Risk For Individual Liability

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Individual Personal Liability For Sexual Harassment - LawRoom Blog

Automatic liability for a company when harassing or discriminatory conduct is taken by supervisors. A company is automatically liable for any harassment or discriminatory actions taken by its supervisors. When is a company liable for harassment by non-supervisory employees? Employers are only liable for harassment in the workplace that it knew about or should have known about, and failed to take corrective action to stop the harassment. Is there personal liability for harassment or discrimination?
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Sexual Harassment Insurance Coverage

A recent case filed in the Waterbury superior court, Denault v. Community Mental Health Affiliates, et al , alleging an unfortunately familiar pattern of sexual harassment in violation of the Connecticut Fair Employment Practices Act, named both the company and the harassing supervisor as defendants, and alleged that the individual supervisor had personal liability for his actions. After complaints to senior management were unavailing, the plaintiff resigned and filed suit, claiming a hostile work environment due to sexual harassment, and constructive discharge. The court ruled that the Connecticut statute did not create individual liability.
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Any individual will usually be personally liable for their own unlawful acts under the Sex Discrimination Act, and in particular for acts of sexual harassment and victimisation. In these circumstances, the individual can be held responsible for their behaviour through an internal complaint process, by being the subject of a complaint to the Commission or a state or territory anti-discrimination agency, or through legal proceedings before the Federal Court of Australia or Federal Magistrates Court. For example, a manager who is aware that an employee is being sexually harassed and does nothing about it may be held liable as an accessory to the harassment.
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