August 16, 2024
Can You Be Liable for Harassment if the Victim is Unaware?
This story is worth pondering. Two employees take an inappropriate photo of a coworker without the coworker’s knowledge. The two employees then distribute the photo to fellow employees, still without the coworker’s knowledge. If one or more employees told you about this conduct, and the subject of the photo still knew nothing about what was going on behind the employee’s back, would you investigate?
You might avoid some legal liability if you answered, “Yes.” That is a summary of the allegations in this lawsuit.
The suit alleges that HR and/or the company’s administration were notified at least three time by coworkers to whom the photo had been shown. While HR took no action, the administrator did call the employee who was the subject of the photo in for an interview. They asked if she knew about the photos and she replied that she did not; at that time apparently she was not yet aware of what was transpiring behind her back. That seems to be the extent of the investigation.
The suit alleges that when the employee found out about what had transpired, she suffered severe emotional distress, lack of sleep, depression, anxiety, sought treatment for the same, and was out of work due to stress. The lawsuit seeks “all damages available” under state law for a variety of claims including constructive discharge, sexual harassment, sex-based harassment, sex discrimination, and retaliation.
Want to learn more about the distinctions between sexual harassment, sex-based harassment, sex discrimination, and related claims? You can still access FiveL’s August webcast, “Sex Discrimination & Harassment: The Evolution Continues.” $25 pp, recording still provides 1.25 HRCI / SHRM credits. Click here.
