Managing a Diverse Workforce 99
Employer Liability
Employers are generally held liable for the acts of their supervisors and
managers, regardless of whether the employer is aware of these people ’ s
acts. If an employer knew or should have known about a supervisor ’ s or
manager ’ s harassment of a coworker and did nothing to stop it, the employer
will be liable. The employer may also be liable for behaviors committed in
the workplace by nonemployees, clients, or outside contractors if the employer
knew or should have known about the harassment and did not take appropri-
ate action. The courts have made it clear that an organization is liable for
sexual harassment when management is aware of the activity, yet does not
take immediate and appropriate corrective action.
An employer is likely to minimize its sexual harassment liability under
the following circumstances if (1) it has issued a specifi c policy against
sexual harassment; (2) it established a sexual harassment complaint pro-
cedure with multiple avenues for redress (employees who are harassed
by a supervisor must be able to go elsewhere in the organization to fi le
a complaint and not only to their supervisor); (3) the employer educates
supervisors and employees as to the actions and behaviors that constitute
sexual harassment and alerts the supervisors and employees that the
organization will not tolerate such behavior; (4) charges of sexual harassment
are investigated promptly and thoroughly; and (5) the employer takes
immediate and appropriate corrective action.
The Civil Rights Act of 1991 provides for compensatory damages in ad-
dition to back pay for intentional discrimination and unlawful harassment.
Private and nonprofi t employers may also be liable for punitive damages.
Sexual Orientation
No federal laws prohibit discrimination of the basis of sexual orientation.
On November 7, 2007, the Employer Non - Discrimination Act (ENDA)
was approved by the U.S. House of Representatives. The vote, 235 to
184, marks the fi rst time that either chamber of Congress has passed
employment protections based on sexual orientation, which it defi nes as
“ lesbian, gay, bisexual, or heterosexual orientation, real or perceived, as
manifested by identity, acts, statements, or association. ” At the time of
this writing, it has not been voted on by the U.S. Senate or signed into
law by the president.
