Question: As the CEO of my organization why would I potentially be liable in a sexual harassment or sexual misconduct claim if I did not perpetrate the offense?

Answer: You may potentially be liable in a sexual misconduct claim due to vicarious liability. Vicarious liability is a legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship i.e. employer/employee to the person who did act negligently. It is also referred to as imputed negligence. Businesses, churches, schools and other organizations are employers of both paid and volunteer staff members and thus, may be vicariously liable for the actions of its agents. In the Supreme Court decisions on Burlington Industries, Inc. v. Ellerth, 118 S. Ct. 2257 (1998) and Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998) the court made it clear that employers are subject to vicarious liability for unlawful harassment by their agents and that it is an employer’s responsibility to exercise reasonable care to prevent and correct sexual harassment in their organizations. An employer’s duty to exercise reasonable care includes instructing all of its leaders and workers on the prevention of sexual harassment and sexual abuse. Conducting training programs on the prevention of sexual misconduct in your organization may establish an “affirmative defense” to show that the business or faith organization took reasonable care, by instituting effective preventive measures to deter such behavior. Subsequently, the organization and yourself may be able to avoid liability or limit damages. The training of all managers, supervisors, employees, clergy and volunteers on this subject is an absolute must.  Doing nothing is not an option and only makes your organization a target for sexual predators and encourages misconduct which will lead to litigation and in some cases devastating consequences to those you serve and work with.