
Supervisors' Actions as Agents of the Employer
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Faculty and supervisors exercise authority on behalf of their employers, and therefore their employer may be liable for any illegal behavior by its faculty or supervisors.
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The United States Supreme Court affirmed that employers are responsible for the behavior of their supervisory employees, and particularly that supervisors who abuse their authority are considered to be acting on behalf of the employer. The Court said clearly that employers are liable for sexual harassment by their supervisors, but gave employers the opportunity to defend themselves in some instances, if they can prove they have well-publicized, consistently-enforced sexual harassment policies and complaint procedures, and the victim had unreasonably failed to follow them or take other steps to avoid harm.
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Management and faculty must always provide reasonable supervision and must respond promptly when employees or students complain of unwelcome behavior.