In short, yes.
The answer to this question is much clearer following the decision in Townsend v. Benjamin Enterprises, Inc. which established that a company can be held liable for sexual harassment when the accused harasser is a senior management, or “alter ego” for the company.
A summary of the case explains:
The case involved two plaintiffs: the harassment victim (Townsend) and the HR director who invstigated her complaint (Grey-Allen). Townsend alleged that she was harassed by Hugh Benjamin, husband of the president of the company (BEI), as well as corporate vice president and one-time major shareholder. The harassment allegedly included sexually offensive comments, propositioning, touching and sexual assault.
The court established that Hugh Benjamin could properly be classified as an “alter ego” for the employer.
Many employment law attorneys are hopeful the outcome of this case will prompt other employees who have endured sexual harassment will come forward.
