Short guide
Employer liability fornot investigating harassment.
Whether an employer acted after learning of harassment often matters as much as the harassment itself.
Published by Arvanic. Last reviewed .
General information, not legal advice. Investigation obligations vary by jurisdiction, by policy, and by the facts. Consult competent employment counsel about your specific situation. Arvanic is not a law firm.
01
When is an employer liable for harassment by a coworker?
Under the standard the EEOC describes, an employer is liable for harassment by non-supervisory employees, and by non-employees it has control over such as contractors or customers, if it knew or should have known about the harassment and failed to take prompt and appropriate corrective action. An investigation is how an employer learns what action is appropriate.
Source: EEOC.gov
02
What about harassment by a supervisor?
If supervisor harassment results in a negative employment action such as termination, a denied promotion, or lost wages, the employer is automatically liable. Otherwise, the employer can avoid liability only by showing it reasonably tried to prevent and promptly correct the behavior, and that the employee unreasonably failed to use the preventive or corrective opportunities provided.
Source: EEOC.gov
03
How does not investigating affect that defense?
The defense depends on what the employer did. An employer that received a complaint and did not look into it will have difficulty showing it tried to promptly correct the behavior. A documented investigation is the clearest evidence of a reasonable response.
04
Which employers do these rules apply to?
Title VII and the Americans with Disabilities Act apply to employers with 15 or more employees, and the Age Discrimination in Employment Act applies at 20. Many state and local laws reach smaller employers, so a business below the federal thresholds is not necessarily outside every rule.
Source: EEOC.gov
Put it into practice
Knowing the process is one thing. Running it is another.
Arvanic turns this into a guided workflow: role-based interviews, a developing factual record, and a structured report — $79 per investigation, with no subscription.