How might a supervisor become liable in a harassment case?

A supervisor may become liable in a harassment case primarily due to their failure to report or address the issue. When a supervisor is made aware of a potential harassment situation, they have a legal and ethical obligation to take appropriate action. Not reporting or addressing these incidents can lead to continued harassment and creates an environment where employees do not feel safe or supported. This negligence in handling the situation can establish a basis for liability, as the supervisor may be seen as enabling a hostile work environment.

In contrast, actions such as reporting incidents to HR, taking immediate action, or encouraging a positive work environment are proactive measures that can mitigate liability. These actions demonstrate that the supervisor understands their role in maintaining workplace safety and is committed to addressing any issues. Therefore, the lack of response or failure to take appropriate measures can shift liability onto the supervisor.