The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.
When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred.
An employer can be held responsible for the actions of management and supervisory staff.
If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
It can involve offensive photos or objects placed on the person's desk, in her locker, or anywhere else she's likely to come across it.
Many of these behaviors mirror the definition of a hostile work environment or workplace discrimination.
If your supervisor is the owner of the company, or if you get no satisfaction when speaking to his supervisor, speak to a lawyer about possibly filing a complaint with the Equal Employment Opportunity Commission.
You must do this before you file a lawsuit, and you have only six months to act after notifying your employer of the problem or asking your boss to stop his abusive behavior.
Generally, it's any behavior that is unwelcome, offensive, unsolicited or objectionable. Bullying is commonly associated with the playground and sometimes the Internet among older youths.