Employment Law Basics for Hawaii Employers – Policies and Training for Prevention and Risk Reduction
It is well established under federal Title VII law that an employer is liable for actionable sexual harassment caused by a supervisor with “immediate (or successively higher) authority over the employee.” However, in cases where the employee does not suffer a “tangible employment action,” such as discharge, demotion, or an unfavorable reassignment, there is an affirmative defense that an employer may raise to avoid Title VII liability and damages. Under such affirmative defense whether an employer has an anti-harassment policy is relevant evidence.
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