Labor & Employment Law

Who is "management" in co-worker sexual harassment cases?

Priscilla Huston claimed she was sexually harassed by co-employees. A couple of other folks at the company had knowledge of the harassment.

The legal question was whether these other folks were "management." If they were management, then their knowledge would be inputted to the company, so now the company would know. Huston v. Procter & Gamble (3rd Cir 06/08/2009)

Huston lost.

More important, however, is that the 3rd Circuit spelled out the legal basis for holding the employer liable for co-worker harassment.

In order to prevail on a claim for hostile environment sexual harassment under Title VII, an employee must establish a basis for employer liability. In the context of co-worker (rather than supervisor) sexual harassment, employer liability exists ?only if the employer failed to provide a reasonable avenue for complaint, or alternatively, if the employer knew or should have known of the harassment and failed to take prompt and appropriate remedial action.?

The 3rd Circuit concluded that an employee?s knowledge of co-worker sexual harassment may be imputed to the employer in two circumstances:

First, knowledge of sexual harassment will be imputed where the employee is sufficiently senior in the employer?s governing hierarchy, or otherwise in a position of administrative responsibility over employees under him, so that such knowledge is important to his general managerial duties. The court identified departmental or plant managers as examples of such employees.

Second, knowledge of sexual harassment will be imputed to the employer when the employee is specifically employed to deal with sexual harassment. The court stated, ?[w]e clarify that mere supervisory authority over the performance of work assignments by other co-workers is not, by itself, sufficient to qualify an employee for management level status [in this context].? The court explained, ?to the extent that such a supervisor does not have a mandate generally to regulate the workplace environment, that supervisor does not qualify as management level.?

Full post as published by Ross' Employment Law Blog on June 12, 2009 (boomark / email).