Definition intimidating witness
Such a result is appropriate if the employee reasonably believed that the harasser had such power.The employee might have such a belief because, for example, the chains of command are unclear.The number of racial harassment charges rose from 4,910 to 9,908 charges in the same time period.
An individual who is authorized to direct another employee’s day-to-day work activities qualifies as his or her supervisor even if that individual does not have the authority to undertake or recommend tangible job decisions.(For a detailed explanation of what constitutes a tangible employment action, see subsection IV(B), below.) Such actions include, but are not limited to, hiring, firing, promoting, demoting, and reassigning the employee.As the Supreme Court stated,“[t]angible employment actions fall within the special province of the supervisor.” An individual whose job responsibilities include the authority to recommend tangible job decisions affecting an employee qualifies as his or her supervisor even if the individual does not have the final say.Such an individual’s ability to commit harassment is enhanced by his or her authority to increase the employee’s workload or assign undesirable tasks, and hence it is appropriate to consider such a person a “supervisor” when determining whether the employer is vicariously liable.In , one of the harassers was authorized to hire, supervise, counsel, and discipline lifeguards, while the other harasser was responsible for making the lifeguards’ daily work assignments and supervising their work and fitness training.