Supervisor Harassment Attorney

In California, yes — employers are strictly liable for sexual harassment by supervisors under FEHA (Gov. Code § 12940(j)(1)). Under federal Title VII, employers are strictly liable if the harassment resulted in a tangible employment action (firing, demotion). If no tangible action occurred, the employer can raise the Faragher-Ellerth defense. New York law similarly imposes strict liability for supervisor harassment.

The analysis depends on whether the harasser had authority to affect your terms of employment. Under California FEHA, a "supervisor" is someone with authority to hire, transfer, promote, assign, reward, discipline, or fire. Under the broader NYC Human Rights Law, any manager who exercises authority over your work conditions qualifies, and the employer is liable.

Retaliation for reporting sexual harassment is independently illegal under federal, California, and New York law. Document the harassment thoroughly (dates, witnesses, communications), then report to HR, a higher-level manager, or through any anonymous reporting channel. Simultaneously consult an employment attorney who can advise on the safest reporting strategy and preserve your legal options.

An inadequate investigation does not shield the employer from liability. Courts evaluate whether the investigation was prompt, thorough, and impartial. If the employer's investigation was superficial, biased (e.g., only interviewed the accused), or reached a conclusion contradicted by evidence, this can actually strengthen your case by showing the employer failed its legal duty.