Is there any difference if the one committing the harassment is a coworker or a manager. What should happen in this case and what laws apply?

Under what circumstances is termination of a harasser the appropriate remedy? Is it advisable for an employer to have a "zero tolerance" policy with respect to violations of its harassment policy?

A young woman was hired to work at a McDonald's restaurant. She was 15 years old but had indicated on her application that she was 16. She often worked with a 21-year-old male who was a "shift leader" at the restaurant and a participant in a Manager-in-Training program. In his capacity as shift leader, he directly oversaw the work of crew members, assigned them to specific duties, and scheduled breaks during shifts. He was also able to authorize crew members to stay on the clock past their scheduled shifts and send employees home before the end of their shifts if the restaurant was overstaffed. Shift leaders are authorized to impose certain forms of discipline, including writing up employees or making them clock out early for misconduct. Shift leaders also have some influence in hiring, firing, and promotion decisions but lack the authority to make those decisions on their own. The shift leader asked the 15-year-old if she would be able to work an extra shift the next day and she agreed to do so if he picked her up at school. The shift leader went to the school and arranged to check the 15-year-old out of class early. Rather than go to work, the shift leader took her to a variety of locations where he

gave her drugs and alcohol. The two remained together for several days, during which they had sex on several occasions. Eventually, the shift leader was arrested on drug charges and the young woman was placed in a mental health treatment facility. Is McDonald's liable for the actions of the shift leader? Why or why not? (See McCafferty v. Preiss Enterprises, 534 Fed. Appx. 726 (10th Cir. 2013).)