8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action) is a type of claim that deals with illegal harassment by an individual in a supervisory position, without any tangible results or retaliatory action taken against the victim. This type of harassment can include verbal or physical abuse, threats, intimidation, or other forms of discrimination. The victim must show that the harassment was severe, pervasive, and targeted at them due to their race, color, religion, sex, national origin, age, disability, or other protected class. The victim must also prove that the harassment was unwelcome and had a negative effect on their job performance or the working environment. In addition, the victim must show that the employer failed to take any action to address the harassment. There are two types of 8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action): quid pro quo and hostile work environment. Quid pro quo harassment involves a supervisor requiring an employee to submit to unwelcome sexual advances or other conduct in order to receive job benefits or avoid punishment. A hostile work environment involves unwelcome verbal, physical, or other conduct that creates an intimidating or offensive work environment.
8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action)
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FAQ
An employee can file a claim for sexual harassment even if the supervisor took no adverse employment action (e.g., termination, failure to hire, demotion), against the employee.
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.
Under California law, an employer is strictly liable for a harasser's conduct when the harasser is a supervisor. This means that if it is determined that a supervisor unlawfully harassed an employee, the employee can recover damages from their employer for the supervisor's harassment. Who is a Supervisor?
It has four elements: Unwelcome; Sexual conduct or conduct directed at a protected category; Offensive to the recipient and to a ?reasonable person;? and, Conduct that is severe or pervasive (repeated).
A tangible employment action occurs when a superior obtains sexual favors from an employee by conditioning continued employment on participation in unwelcome acts.
An employer is vicariously liable for a hostile work environment created by a supervisor.