Legal Question in Sexual Harassment in Georgia

Re: Employer's responsibilities in handling reported sexual harassment

In general terms, an employer must take prompt remedial action after a complaint of sexual harassment is made. Generally, prompt remedial action often includes conducting an investigation into the allegations and taking any appropriate disciplinary or corrective actions. Exactly what an employer should do in any given situation varies with the circumstances. As to your question about the liability of the CEO, a lot depends on the extent of the harassment and what happens from here. As an employee (even a high-ranking employee with ultimate authority), the CEO would almost certainly be insulated from liability for sexual harassment under Title VII of the Civil Rights Act. In other words, under this federal law, courts have stated that only the employer (which is the company) can be liable for sexual harassment. On the other hand, there are some state laws that, depending on the circumstances, might allow for liability of individuals. I hope this information answers your questions.

One word of warning, however. From your post, it appeared that the CTO of your company reported the sexual harassment, but it is unclear as to whether you also reported it to someone. You have an obligation under the law to take advantage of any grievance or reporting avenues available in your company to report the harassment. If you do not, any claim for sexual harassment may be barred. Even if your company does not have a formal reporting process, it is a good idea to report any instances of sexual harassment.

The foregoing is general information only, not specific legal advice. Consult with your own attorney before taking legal action. No attorney/client relationship has been created or should be implied by anything contained herein.