Question at position 7 Who may be legally liable for an act of sexual harassment against an intern by an employee of a company? Consider the following factors 1. The employer of the harasser2. The harasser (the employee who harassed the intern) 1 & 21 only2 only

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Question at position 7  Who may be legally liable for an act of sexual harassment against an intern by an employee of a company? Consider the following factors 1. The employer of the harasser2. The harasser (the employee who harassed the intern) 1 & 21 only2 only

BlackTom AI · Accepted Answer

The question asks who may be legally liable for an act of sexual harassment against an intern by a company employee, given two factors: 1) the employer of the harasser, and 2) the harasser themselves.

Option 1: "1 & 2" means both the employer and the harassing employee can be liable. This is generally true in many legal frameworks. The harasser is personally liable for engaging in harassment, a wrongful act. Additionally, the employer can be vicariously liable for the actions of its employees if the harassment occurred within the scope of employment or during work-related activities, and/or if the employer was negligent in supervision, training, or implementing anti-harassment policies. So, liability can attach to both the individual and the employer under different theories of responsibility.

Option 2: "1 only" would assert that only the employer bears liability. While employers can be held liable, this ignores the fact that the individual harasser commits a wrongful act and can be personally sued or disciplined. The presence of personal liability for the harasser is a standard component of harassment cases, so claiming liability solely at the employer level is incomplete.

Option 3: "2 only" would claim that only the harasser is liable. This overlooks the employer’s potential liability for vicarious liability or negligent supervision. Employers may be responsible for the acts of their employees in many jurisdictions, especially if the company failed to prevent or address the harassment adequately.

In summary, both the harasser and the employer can bear liability: the harasser for committing the unwanted sexual conduct, and the employer for failures in supervision, policy, and the broader responsibility to maintain a safe workplace. Therefore, the option stating "1 & 2" correctly captures the dual avenues of accountability.

Question at position 7 Who may be legally liable for an act of sexual harassment against an intern by an employee of a company? Consider the following factors 1. The employer of the harasser2. The harasser (the employee who harassed the intern) 1 & 21 only2 only

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