Finding the Facts - Disciplinary and Harassment Investigation

2/15/2019

Enforcement Guidance: Vicarious Employer Responsibility for Unlawful Harassment by Supervisors

96 The Court noted that the standards for employer liability were not at issue in the case of Harris v. Forklift Systems , 510 U.S. 17 (1993), because the harasser was the president of the company. Faragher, 118 S. Ct. at 2284. 97 An individual who has an ownership interest in an organization, receives compensation based on its profits, and participates in managing the organization would qualify as an “owner” or “partner.” Serapion v. Martinez , 119 F.3d 982, 990 (1st Cir. 1997), cert. denied , 118 S. Ct. 690 (1998). 98 Id.

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