Sexual Harassment for Managers

Course Overview

Supervisors and managers carry elevated legal responsibilities when it comes to workplace harassment. Under the Supreme Court's Faragher-Ellerth framework, employers can be held vicariously liable for harassment by supervisors that results in a tangible employment action, with no affirmative defense available. Even without a tangible action, employer liability may attach unless the employer can demonstrate both that reasonable care was taken to prevent and correct harassment and that the employee unreasonably failed to use available complaint mechanisms. The EEOC secured nearly $700 million in total discrimination relief in FY 2024, and harassment prevention remains a top strategic enforcement priority for 2024-2028.

This course prepares your supervisors and managers to understand their specific legal obligations for harassment prevention and response. The curriculum covers what constitutes sexual harassment, how to recognize it in day-to-day workplace interactions, the quid pro quo dynamic that is unique to positions of authority, and the step-by-step process for receiving and escalating complaints. Your management team learns how to handle situations when an employee comes forward, the importance of separating personal relationships from supervisory duties, and the organizational liability that attaches when managers fail to act on known or suspected harassment.

What You'll Learn

• What constitutes sexual harassment under Title VII and how supervisors are held to a higher standard
• Quid pro quo harassment and the unique risks created by supervisory authority over employment decisions
• The Faragher-Ellerth framework and employer liability for supervisor harassment
• How to receive and respond when an employee reports sexual harassment
• Documentation requirements and the supervisor's duty to escalate complaints through proper channels
• Separating personal relationships from supervisory duties and avoiding favoritism claims
• Retaliation prevention and the legal consequences of adverse action against complainants

Who Needs This Training

• All supervisors and managers as part of an annual or biennial harassment prevention training program
• Newly promoted managers who need training on their elevated responsibilities before assuming supervisory duties
• HR directors and department heads who receive and respond to harassment complaints
• Team leads and shift supervisors who exercise authority over other employees' work assignments or conditions
• Business owners and executives who make employment decisions or direct employees' daily activities
• Organizations that need to demonstrate supervisor training as part of a Faragher-Ellerth affirmative defense

Regulatory Background