Liability and Relationships
Office Relationships-Supervisors and subordinates
Employees do not have an obligation to put supervisors on notice that his/her actions are unwelcome. It is a supervisor’s obligation to avoid any actions of a sexual nature that could be considered unwelcome by a reasonable employee.
§ Supervisors who get involved in what they believe to be a welcome or romantic sexual relationship with a subordinate can run into real problems.
§ If the employee at some point asserts the relationship was not welcome it can be very difficult to prove it was welcome.
§ Employees who do not have a sexual relationship with “the boss” may also claim that an employee with such a relationship is receiving better treatment.
Supervisors
§ If a supervisor sexually harasses a subordinate, both the supervisor and company are liable for damages.
§ Employers are strictly liable because they put the supervisor in a position of authority.
Coworkers
§ If one employee sexually harasses another employee, there may be no liability unless a supervisor learns about the harassment and fails to take prompt corrective action to stop it.
§ Knew about or should have know about
회사와 supervisor/manager Level 이 결국은 Libility를 지게 되어 있습니다.
따라서 회사는 회사대로 Policy및 Training를 잘 제공해야 하며, Supervisor/manager들도 최대한 사건이 생기면 바로HR에 보고하여, 회사와 manager간에 즉각적인 조치를 취해 해결할 수 있도록 해야 합니다.
추후, 계속해서 회사에서 책임일 지기 위하여 미리미리 준비해야 되는 사항들을 계속해서 올려 놓도록 하겠습니다.
