The Second Circuit held that the behavior of a Vice President may be imputed to the company itself since the “harasser is the employer’s proxy or alter ego.” The same case found that an HR officer was not protected from retaliation for conducting an investigation about sexual harassment.
A salesperson reported sexual harassment by a supervisor on September 3rd. A company investigation started on September 10th. The harasser was suspended three days later. Case dismissed. The employer was entitled to an affirmative defense because it acted reasonably and there was no tangible employment action.