Here, the plaintiff worked for the defendant, who manufactured ball bearings. After commencing work, the plaintiff’s trainer told a supervisor that he could not work around the plaintiff due to her attitude. The plaintiff responded that the trainer had been engaging in sexually harassing behavior. The supervisor warned the trainer, following which the trainer did not bother the plaintiff again, but was hostile towards her. Soon thereafter, another trainer, friend of the previous trainer, started making complaints about plaintiff. After this new complaint, the supervisor inspected the plaintiff’s work and concluded she was unproductive. The supervisor then spoke with the senior shift supervisor about the plaintiff’s low productivity. The shift supervisor did not know about the plaintiff’s complaint against the trainer and recommended that the supervisor terminate the plaintiff. The plaintiff was subsequently terminated and then sued the defendant for sexual harassment. The jury during the trial found the defendant was guilty for a hostile work environment under N.H. Rev. Stat. § 354-A. The defendant argued that the judge’s jury instructions were improper because they would hold the defendant liable for a merely negligent response to the sexual harassment, which should be insufficient to find liability. The court noted that under N.H. Rev. Stat. § 354-A, an employer is liable for sexual harassment committed by a co-worker of the plaintiff if the employer knew or should have known about the harassment and failed to take prompt, effective remedial action to end the harassment. The court further noted that an employer may be liable for an employee’s sexual harassment based on the employer’s negligence to remedy the situation.
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