Quid Pro Quo: Employers are generally held strictly liable for the "quid pro quo" sexual harassment of its supervisors. However, supervisors can be personally liable because state law allows employees to go back to convicted supervisors for contributions towards damages.

Hostile Environment: In hostile environment cases, the employer will be held liable for its employees’ acts of sexual harassment if the employer know or should have known about the harassment and failed to take immediate and appropriate action.

Supervisor’s Note: It is very important for employers (of which supervisors act as agents) to make policy well known and clearly establish that the employer does not tolerate sexual harassment. Here at SPU we have a clear policy and procedure, departmental training, supervisor training, and posters around campus emphasizing our position against this type of discrimination. We count on our supervisors to carry the message as well. See Case #5 page 14 of this section for a case which illustrates an employer’s insulation from a claim when it did thoroughly promulgate and enforce its sexual harassment prevention program.

 

Equal Employment Opportunities Commission

Local Human Rights Department

WA Human Rights Commission

Federal Court