DETERMINING WHETHER YOUR ORGANIZATION IS LIABLE

____ 1. Did actionable sexual harassment occur (quid pro quo or hostile environment)?

No. Answer question #3.

Yes. Answer question #2.

____ 2. Did the harasser have immediate or successively higher authority over the
employee?

No. Answer question #3.

Yes. Answer question #5.

____ 3. Did the employer know or should it have known of the harassment?

No. Employer is not liable for sexual harassment.

Yes. Answer question #4.

____ 4. Did the employer take immediate and appropriate corrective action?

No. Employer is liable for sexual harassment.

Yes. Employer is not liable for sexual harassment.

____ 5. Did the harasser take a tangible, adverse employment action against the
employee (discharge, demotion, reassignment, etc.)?

No. Answer question #6.

Yes. Employer is liable for sexual harassment.

____ 6. Did the employer exercise reasonable care to avoid the harassment and
eliminate it when it might occur?

No. Employer is liable for sexual harassment.

Yes. Answer question #7.

____ 7. Did the employee exercise reasonable care to take advantage of the employer’s
safeguards and otherwise prevent harm that could have been avoided?

No. Employer is not liable for sexual harassment or is liable but the employee’s
damages are barred or reduced.
Yes. Employer is liable for sexual harassment.