If a supervisor's sexual harassment leads to adverse employment action, what defense can the employer use?

In cases where a supervisor's sexual harassment results in adverse employment action, the employer typically cannot claim a defense. This is because the legal concept of vicarious liability holds employers responsible for the actions of their employees, especially when those employees are in supervisory positions. When a supervisor commits harassment and this harassment leads to negative consequences for the employee—such as demotion, termination, or other forms of punitive action—the employer is likely held liable under Title VII of the Civil Rights Act.

This liability arises because the employer has a duty to provide a safe work environment free from harassment, and any detrimental action taken as a result of harassment undermines that duty. In such situations, courts generally find that the employer has no viable defense against claims of harassment that lead to adverse employment actions, reinforcing the importance of maintaining an effective workplace policy against harassment and ensuring that supervisors are properly trained to prevent and respond to such issues.