If an employee doesn’t complain, can an employer still be held liable for sexual harassment?
You betcha! If the employee fails to complain about sexual harassment for a reasonable reason (i.e. an environment in which the employee feels uncomfortable bringing a complaint or fears retaliation), then the employer can still held be responsible for the harassment. Because of this, it is even more important for employers to take reasonable steps to avoid harassment in the workplace and develop strong anti-harassment policies.