When is an employer liable for religious harassment?

An employer is always liable for a supervisor’s harassment if it results in a tangible employment action. However, if it does not, the employer may be able to avoid liability or limit damages by showing that:

1. the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and

2. the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

An employer is liable for harassment by co-workers where it knew or should have known about the harassment, and failed to take prompt and appropriate corrective action.

An employer is liable for harassment by non-employees where it knew or should have known about the harassment, could control the harasser’s conduct or otherwise protect the employee, and failed to take prompt and appropriate corrective action.