HR Management & Compliance

News Notes: Who’s A Supervisor For Purposes Of Automatic Employer Liability For Harassing Conduct?

April Chapman sued Sonoma County, claiming she was sexually harassed by her supervisor, Brian Enos. A trial court found that the county wasn’t automatically liable for Enos’s conduct because he didn’t qualify as a supervisor under California’s sexual harassment law. Now a California appeal court has reversed that ruling. To be considered a supervisor, an individual must have the responsibility to direct other employees, using independent judgment. But, said the appeal court, the trial court improperly narrowed the definition of supervisor by ruling that “responsibility to direct” meant that the person had to be “fully accountable and responsible for the performance and work product of the employees in his or her department or unit.”

 

 

 

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