Issues-Imputed Conduct-Burden of Proof is a legal concept that involves determining the amount of proof necessary to establish that a party is liable for a certain act or omission. It is used when a party is accused of a wrongful act or omission, but it is unclear whether the party was directly responsible or if the act or omission was imputed to them from another person or entity. There are two types of Issues-Imputed Conduct-Burden of Proof: the preponderance of the evidence and the clear and convincing evidence. The preponderance of the evidence is the lower burden of proof in which the party being accused must prove that it is more likely than not that they committed the wrongful act or omission. The clear and convincing evidence is the higher burden of proof in which the party must prove that it is highly probable that they committed the wrongful act or omission.
Issues-Imputed Conduct-Burden of Proof
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FAQ
The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages.
?Strict Liability? means that the employer's liability arises regardless of the employer's own lack of knowledge or the employer's attempts to remedy the situation, such as by publishing a policy against sexual harassment.
An employer is vicariously liable for a hostile work environment created by a supervisor.
The vicarious liability category for employer liability occurs when the sexual harassing supervisor purports to act on the employer's behalf and there is reliance upon his or her apparent authority or because the harasser was aided in his or her misconduct by the existence of the agency relationship with the employer.
The U.S. Supreme Court has ruled that an employer is always liable for a hostile work environment created by a supervisor when the discrimination takes the form of a tangible employment action?defined as a significant change in employment status.
Under California law, employers are strictly liable for a harasser's conduct when the harasser is a supervisor. What this means that if it is established that a supervisor harassed an employee, the worker can recover damages from the employer for the harassment.
The tangible employment action is the promotion. Employers are strictly liable (no defense available) when workplace harassment involves a tangible employment action. This means that the employer need only prove that the unlawful harassment and the tangible employment action occurred.
The California courts have held that supervisors can be held liable for harassing actions towards employees. However, supervisors cannot be held liable for discriminatory or retaliatory actions. Liability for discrimination and retaliation would fall directly on the employer.