Supervisors Can Be Liable for Harassment and Retaliation

In California, employers aren’t the only ones who face liability for harassment, including sexual harassment, and retaliation in the workplace. Individual supervisors are also liable for their own harassment and retaliation against employees.

Who Is Considered a Supervisor?

The law regarding sexual harassment makes employers strictly liable for sexual harassment committed by a supervisor. Therefore, it is important for employers, supervisors, and employees to understand who is considered a supervisor under the law.

The Fair Employment and Housing Act defines “supervisor” as “any individual having the authority to:

  • Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees
  • Direct them, adjust their grievances, or effectively to recommend a course of action based on their independent judgment.

Essentially, a supervisor is an employee who has the authority to make decisions on behalf of his or her employer relating to hiring, firing, promotions, rewards, and discipline. If a supervisor knew or should have known about harassment but failed to take actions to correct it, the employer can also be held liable.

Can Supervisors Be Held Personally Liable?

Depending on the case, an employee of a company can hold personal liability for acts of harassment, discrimination or retaliation. In addition to a supervisor’s personal liability, the employer is usually held liable for misconduct as well.

Your Right To Report Harassment and Discrimination

Under the law, you have a right to report workplace misconduct such as harassment or discrimination, and participate in workplace investigations of such conduct without fear of retaliation. If an employer or supervisor is making threats or engaging in retaliatory acts against you, contact an employment attorney immediately.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

SHARE

COMMENTS & DISCUSSIONS

Related Posts

Super Lawyers 2023

Four Haeggquist & Eck Attorneys Named California Super Lawyers; Alreen Haeggquist & Amber Eck Named to Top 25 Women, Top 50 Attorneys Lists

We are proud to announce that Haeggquist & Eck attorneys Alreen Haeggquist, Amber Eck, Aaron Olsen, and Jenna Rangel have been …

Read More
Yphantides News Pic

JUDGE RULED THAT LAWSUIT BY SAN DIEGO COUNTY’S FORMER CHIEF MEDICAL EXAMINER, DR. NICK YPHANTIDES, CAN MOVE FORWARD 

Haeggquist & Eck, LLP is representing former San Diego County Chief Medical Officer, Dr. Nick Yphantides (known by the community …

Read More
Haeggquist & Eck Attorneys posing for picture

California Employment Law Firm Fights to Give Women A Voice 

In this interview by Law360, Alreen Haeggquist shares how her abuse as a child was the catalyst to her determination …

Read More
Translate »