Most organizations understand that a good antiharassment policy is the defense against “hostile environment” lawsuits. Unfortunately, the courts have ruled that the “Faragher/Ellerth defense” to sexual harassment cases is NOT available to executive managers. CEOs, board members, stockholders, and even vice presidents of human resources are a company’s “alter ego.” Their improper acts can bind the liability, and there is NO defense that can be asserted in court. Most companies are unaware of this part of law. Top managers may be “undefendable” and create strict liability.
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Nov_Dec_2006_177-179
The Undefendable Top Managers are Undefendable Your Harassment Policy is not Enough
