Ohio
How Faragher v. City of Boca Raton applies in Ohio: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Ohio law adopts similar principles to those established in Faragher, emphasizing that employers can be held liable for the sexual harassment of their employees by supervisors. The employer's liability can be mitigated if they demonstrate that they exercised reasonable care to prevent and promptly correct any harassment.
Ohio employers are liable for sexual harassment perpetrated by supervisors unless they can establish a defense showing reasonable steps were taken to prevent and address the harassment.
Clarified the standards under which an employer may be held liable for actions of employees outside their scope of employment, reinforcing themes from Faragher regarding employer responsibility.
Emphasized the need for employers to have effective sexual harassment policies in place to mitigate liability in cases of supervisor harassment.
Held that an employer may be liable for the actions of its employees if it fails to take appropriate measures to prevent known harassment.
Ohio law tracks closely with federal standards established in Faragher, particularly concerning the employer's liability for supervisory harassment. However, Ohio courts may impose stricter requirements on the establishment and enforcement of anti-harassment policies.
Knowledge of Ohio's adoption of the Faragher principles is important for the employment discrimination section of the Ohio bar exam, particularly in relating to the obligations of employers regarding harassment in the workplace.