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However, if it does not, the employer may be able to avoid liability or limit damages by establishing an affirmative defense that includes two necessary elements: decisions addressed sexual harassment, the Court’s analysis drew upon standards set forth in cases involving harassment on other protected bases.

As the Supreme Court stated,“[t]angible employment actions fall within the special province of the supervisor.” An individual whose job responsibilities include the authority to recommend tangible job decisions affecting an employee qualifies as his or her supervisor even if the individual does not have the final say.

The number of racial harassment charges rose from 4,910 to 9,908 charges in the same time period.

While the anti-discrimination statutes seek to remedy discrimination, their primary purpose is to prevent violations.

The Court stated that an employer is liable for hostile work environment harassment by employees who are not supervisors if the employer was negligent in failing to prevent harassment from taking place.

In assessing such negligence, the Court explained, the nature and degree of authority wielded by the harasser is an important factor to be considered in determining whether the employer was negligent. 2275 (1998), the Supreme Court made clear that employers are subject to vicarious liability for unlawful harassment by supervisors.