Quick Hit: Maine Liability for Sexual Harassment

11 Mar, 2024 Frank Ferreri

                               

Augusta, ME (WorkersCompensation.com) -- If you're thinking about torts and on-the-job injuries, you're probably also thinking about exclusive remedy rules in most states.

What an exclusive remedy rule does is prevent someone from suing for a work-related injury, since the "grand bargain" is that such an injury would be covered by workers' compensation.

However, there are always exceptions to rules, and in Maine one of those exceptions applies to sexual harassment an employee experiences on the job.

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So, here's the rule:

+ An employee, supervisor, officer, or director of an employer is liable for: 1) sexual harassment; 2) sexual assault; or 3) an intentional tort related to sexual harassment or sexual assault.

But what about the employer?

Maine law states that the sexual harassment by an employee does not impose liability on the employer. However, employees might have recourse against employers under civil rights laws and may consider brining an action alleging employment discrimination under the Maine Human Rights Act or Title VII of the federal Civil Rights Act of 1964.


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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