In harassment cases, if the harasser is a supervisor and a tangible employment action occurs, the employer is:

• A. Not liable
• B. Only liable if the employee complained
• C. Not liable if the harassment is minor
• D. Liable

Answer: (D)

When a supervisor harasses an employee and a tangible employment action occurs, the employer is automatically liable for that harassment. A tangible employment action—such as firing, demotion, promotion denial, or a significant change in duties or compensation—shows the harassment directly affects the employment relationship, and the employer bears responsibility for the supervisor’s conduct in that supervisory role. The normal defenses lenders, like showing the employer exercised reasonable care to prevent or promptly correct harassment, don’t apply when a tangible action is taken.

So the employer is liable because the improper act comes from a supervisor and results in a concrete employment consequence. The other options don’t fit because liability isn’t avoided by a complaint, a minor level of harassment, or the absence of a tangible action.