If I was sexually harassed by my supervisor, is my employer just as guilty?

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If I was sexually harassed by my supervisor, is my employer just as guilty?

I was asking my supervisor what I could do to get PTO because I needed to take off but didn’t have much, he said well I could give you some money and you could go get me and you a hotel and you can call me when you get there and when I get there we can discuss PTO. I never went to anyone else, over his

head because I was embarrassed and scared I would lose my job. It has made me physically and mentally sick, I tried to avoid him as much as I could. I was

fired a week ago, so guess they can’t fire me over it now. Since I didn’t tell my employer about this, are they still responsible?

Asked on October 16, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, if you did not tell the employer, they are not responsible. Employers don't read minds or mind-control employees: they can't know in advance if they will harass, they can't stop them from harassing the first time, and they don't know that they did harass unless someone tells them. An employer's obligation or responsibility is to stop harassment after being told of it--if they are told of harassment and fail to take action, they become liable. But if they were never told, they had no reason to know they had to do anything, and hence are not liable.


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