Under Missouri law:
(1) the employer;
(2) the sexual harasser;
(3) supervisors, managers, co-workers and third parties who contributed to the sexual harassment; and
(4) supervisors, managers, co-workers and third parties who allowed the sexual harassment to occur.
Under Federal law:
(1) the employer.
Others may be held responsible on a case-by-case basis.
Many employer policies require that an employee who has witnessed sexual harassment or believes sexual harassment is occurring must make a report. If a report is not made, some employer policies say that the employee who did not make the report may be punished for not reporting possible sexual harassment.
Under both Missouri and Federal law, it is unlawful for an employer to take consequence against an employee who reports, in good-faith, possible sexual harassment or believes that sexual harassment is occurring.
Many employees are afraid to report sexual harassment even if their employer says they must make the report. For instance, some employees are concerned that if they report possible sexual harassment that they will get in trouble with the employer or supervisors, managers or co-workers. We regularly represent employees who are facing this dilemma – to report or not report. Each situation should be professionally evaluated on a case-by-case basis.