By the Employment Attorneys at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

Can an employer be held liable for unlawful harassment by one of its employees?

Yes. An employer can be held vicariously liable for the harassment action of one of its supervisors. In Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, both US Supreme Court cases, the court found that employers are subject to vicarious liability for unlawful harassment activities by supervisors. The court further held that an employer is always liable for its supervisor’s illegal harassment if the result of the harassment was “tangible employment action.” It should be noted that the complained of harassment must be directed toward a protected class (discriminatory behavior based on race, color, sex, national origin, age of 40 or older, disability, or protected activity under the anti-discrimination statutes.

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