The Lincoln Project is falling apart frantically. Many states, including California, hold employers liable for their inaction when it comes to harassment at work. They cannot turn a blind eye to such illegal conduct. And when they do, they must compensate for their wrong doing.
Not only can they be liable for employee harassment, but they may be strictly liable when the harasser is an employee’s supervisor. That means employers cannot avoid liability by sticking their head in the sand when higher-ups are acting inappropriately.