Patty,a partner in a law firm,showed special interest in Rex,a new associate at the firm.Patty frequently made sexual overtures to Rex and expected him to get physically intimate with her if he wanted to be a senior attorney at the firm.However,Rex's refusal prompted Patty to tell him that he was not suitable to be a senior attorney,and she also started treating him badly in front of the other employees.Unable to bear the harassment any further,Rex quit the job and filed a complaint with the Equal Employment Opportunity Commission (EEOC)for sexual harassment.Which of the following holds true in this situation?

Question

Quizplus · Accepted Answer

The law firm would be strictly liable for sexual harassment. An employer is strictly liable for the tangible acts of its supervisors regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. Since the supervisor is, in effect, the employer, the supervisor's acts are considered those of the employer. The law firm cannot claim the Ellerth/Faragher defense (that it did not know of the harassment because Rex did not report it) because this defense is not permitted in a case where there is a tangible unfavorable job action by a supervisor.

Patty,a Partner in a Law Firm,showed Special Interest in Rex,a