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Which is an accurate statement about an employer's liability for sexual harassment?

  1. If an employee who has been sexually harassed subsequently resigns, the employer is no longer liable

  2. Lack of knowledge of a sexual harassment incident does not eliminate liability

  3. Liability is limited to employee behavior that violates an agency's sexual harassment policy

  4. Liability is limited to sexual harassment by employees, whether occurring between coworkers or supervisors and subordinates

The correct answer is: Lack of knowledge of a sexual harassment incident does not eliminate liability

The accurate statement regarding an employer's liability for sexual harassment is that lack of knowledge of a sexual harassment incident does not eliminate liability. This principle stems from legal standards that hold employers responsible for a hostile work environment, regardless of whether they were aware of the harassment at the time it was occurring. Employers are expected to maintain a workplace that is free from sexual harassment and have a duty to take appropriate action to prevent and address such behavior. Moreover, this responsibility emphasizes the importance of employers implementing and enforcing effective anti-harassment policies and training programs. By doing so, they demonstrate a commitment to creating a safe work environment, and it helps establish a framework for addressing complaints if they arise. Employers can be held liable for incidents of sexual harassment even if they are not directly involved or informed of the misconduct, reinforcing the necessity for proactive measures. Understanding this aspect of employer liability is crucial for nursing executives and leaders, as it underscores the importance of fostering a culture of safety and respect within health care settings.