When is an employer AUTOMATICALLY liable for a supervisor’s sexual harassment of a subordinate?

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Often, an employer has affirmative defenses when an employee accuses a supervisor of sexual harassment. But Title VII of the Civil Rights Act of 1964 makes liability automatic in two ways.

First, there’s the situation involving quid pro quo sexual harassment. That happens when a supervisor conditions some tangible employment action on a subordinate’s submission to sexual demands. In plain English, “Sleep with me or you’re fired.” If the supervisor follows through on that threat, then the employer is vicariously liable. Again, in plain English, the employer is screwed.

Another possibility is a hostile work environment (i.e., any other

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