U.S. Supreme Court Decisions
Co-worker Harassment Liability
The Supreme Court has not addressed the standard of liability for peer sexual harassment or harassment by supervisors not directly in the line of authority over a victim. In those circumstances, lower courts have consistently held employers liable only if they knew or reasonably should have known of the sexually harassing behavior and failed to take immediate and appropriate corrective action, including ending the harassment, preventing future misconduct, and taking appropriate disciplinary action against the offending employee.