Yolanda YOUNG, Plaintiff-Appellant, v. BAYER CORP., Defendant-Appellee, 123 F.3d 672 (7th Cir. 1997). · Go Syfert
Yolanda YOUNG, Plaintiff-Appellant, v. BAYER CORP., Defendant-Appellee, 123 F.3d 672 (7th Cir. 1997). Cases Citing This Book View Copy Cite
133 citation events (65 in the last 25 years) across 27 distinct courts.
Strongest positive: Fossil Group, Inc. v. Nicole Harris (tex, 2024-06-14)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Fossil Group, Inc. v. Nicole Harris
Tex. · 2024 · confidence medium
Corp., 568 F.3d 100, 107-08 (3d Cir. 2009) (applying agency principles to impute knowledge when an employee is designated as the “point person” for receiving harassment complaints “based on the specific mandate from the employer to respond to and report on sexual harassment”); Breda v. Wolf Camera & Video, 222 F.3d 886 , 889 (11th Cir. 2000) (imputing knowledge if an employee reports suspected sexual harassment to an individual specifically designated by the company policy to receive harassment complaints); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir. 1997) (focusing on, for the p…
discussed Cited as authority (rule) Davis Long v. State of Illinois Department of Human Services
N.D. Ill. · 2023 · confidence medium
Adequate notice requires that “the alleged harassment ‘must either [] come to the attention of someone who (a) has under the terms of his employment, or (b) is reasonably believed to have . . . a duty to pass on the information to someone within the company who has the power to do something about it.’” Elliott, 2022 WL 874649 , at *7 (quoting Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997)) (emphasis in Elliott).
discussed Cited as authority (rule) Tubbs v. Chicago Transit Authority
N.D. Ill. · 2022 · confidence medium
In Young v. Bayer Corporation, the Seventh Cir- cuit addressed the question of which employees must be notified of harassment for the employer to be held liable: the information must either (1) come to the attention of someone who (a) has under the terms of his employment, or (b) is reasonably believed to have, or (c) is reasonably charged by law with having, a duty to pass on the information to someone within the company who has the power to do something about it. 123 F.3d 672, 674 (7th Cir. 1997).
discussed Cited as authority (rule) Elliott v. Board Of Education Of The City Of Chicago
N.D. Ill. · 2022 · confidence medium
In other words, the alleged harassment “must either [] come to the attention of someone who (a) has under the terms of his employment, or (b) is reasonably believed to have … a duty to pass on the information to someone within the company who has the power to do something about it.” Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997) (emphasis added).
discussed Cited as authority (rule) BAXTER v. CARITE CORPORATE, LLC (2×)
S.D. Ind. · 2020 · confidence medium
Younger v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997).
discussed Cited as authority (rule) Lanning v. Gateway Technical College
E.D. Wis. · 2020 · confidence medium
Moreover, “the notice must ‘come to the attention of someone who… has under the terms of his employment…a duty to pass on the information to someone within the company who has the power to do something about it.’” Id. (quoting Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997)).
discussed Cited as authority (rule) U.S. Equal Employment Opportunity Commission v. Driven Fence, Inc.
N.D. Ill. · 2019 · confidence medium
An employer has constructive notice of harassment when it “come[s] to the attention of someone who … has under the terms of his employment, … a duty to pass on the information to someone within the company who has the power to do something about it.” Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997).
examined Cited as authority (rule) Nischan v. Stratosphere Quality, LLC (4×) also: Cited "see"
7th Cir. · 2017 · confidence medium
Generally, for constructive notice to attach, the notice must “come to the attention of someone who ... has under the terms of his employment ... a duty to pass on the information to someone within the company who has the power to do something about it.” Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997).Once that person learns of the sexual harassment, the employer is considered to be on notice even if the victim never reported the harassment.
cited Cited as authority (rule) Wilson v. Moulison North Corp.
1st Cir. · 2011 · confidence medium
See, e.g., Noviello, 398 F.3d at 96 ; Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997).
discussed Cited as authority (rule) Benitez v. American Standard Circuits, Inc. (2×)
N.D. Ill. · 2010 · confidence medium
Id. (citing Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997)).
discussed Cited as authority (rule) Francisca Sandoval v. American Building, etc.
8th Cir. · 2009 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1999). "[A]ctual notice is such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry." Black's Law Dictionary 1061-62 (6th ed. 1990) (emphasis added).
discussed Cited as authority (rule) Sandoval v. American Building Maintenance Industries, Inc. (2×)
8th Cir. · 2009 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997). "[A]ctual notice is such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry. " Black's Law Dictionary 1061-62 (6th ed.1990) (emphasis added).
cited Cited as authority (rule) Daigle v. Jameson Tavern
Me. Super. Ct · 2008 · confidence medium
Corp., 196 F.3d 915, 920 (8th Cir. 1999); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir. 1997); Distasio v. Perkin Elmer Corp., 157 F.3d 55, 63-64 (2d Cir. 1998).
discussed Cited as authority (rule) Julie Weger v. City of Ladue
8th Cir. · 2007 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1999) (citations omitted). “[A]ctual notice is such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry.” Black's Law Dictionary 1061-62 (6th ed. 1990) (emphasis added).
discussed Cited as authority (rule) Weger v. City of Ladue (2×)
8th Cir. · 2007 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1999) (citations omitted). "[A]ctual notice is such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry. " Black's Law Dictionary 1061-62 (6th ed.1990) (emphasis added).
discussed Cited as authority (rule) Karen Bombaci v. Journal Community Publishing Group, Inc. (2×) also: Cited "see"
7th Cir. · 2007 · confidence medium
“Where an employer sets up a ‘point person’ to accept complaints, ‘this person becomes the natural channel for the making and forwarding of complaints, and complainants can be expected to utilize it in the normal case.’ ” Parkins v. Civil Constructors of Ill., Inc., 163 F.3d 1027, 1035 (7th Cir.1998) (quoting Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997)).
discussed Cited as authority (rule) Bombaci, Karen v. Journal Comm Publ Gr (2×) also: Cited "see"
7th Cir. · 2007 · confidence medium
“Where an employer sets up a ‘point person’ to accept complaints, ‘this person becomes the natural channel for the making and forwarding of complaints, and complainants can be expected to utilize it in the normal case.’ ” Parkins v. Civil Constructors of Ill., Inc., 163 F.3d 1027, 1035 (7th Cir. 1998) (quoting Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997)).
discussed Cited as authority (rule) Jean-Baptiste v. K-Z, Inc.
N.D. Ind. · 2006 · confidence medium
(Jean-Baptiste Dep. 84-85.) Because it appears that Jean-Baptiste delayed using the designated mechanism for complaints, the court must determine whether Jean-Baptiste “reported the alleged harassment to anyone who had the authority to deal with the harassment or at least ‘to someone who could reasonably be expected to refer the complaint up the ladder to the employee authorized to act on it.’ ” Parkins, 163 F.3d at 1037 (quoting Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir.1997)) (proceeding to question of authority of person actually complained to, having found that plaintiff had…
discussed Cited as authority (rule) Clark v. United Parcel Service, Inc.
W.D. Ky. · 2003 · confidence medium
See, e.g., Torres v. Pisano, 116 F.3d 625, 634-35 (2d Cir.1997) (actions of “low-level supervisor” in management hierarchy cannot be imputed to employer); Kotcher v. Rosa & Sullivan Appliance Ctr., 957 F.2d 59, 64 (2d Cir.1992) (same); Williamson v. City of Houston, 148 F.3d 462, 466 (5th Cir.1998) (notice to employer does not turn on labels in management hierarchy, and “a more important consideration [may be] whether notice was given ‘to those with authority to address the problem’ ”); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir.1997) (notice to the proper person can be judge…
discussed Cited as authority (rule) Munroe v. Compaq Computer Corp.
D.N.H. · 2002 · confidence medium
Distasio, 157 F.3d at 64 ; see also, Crowley, 303 F.3d at 401-02 (employer subject to liability where employer maintained a policy that permitted workers to report sexual harassment to team leaders who had a duty to report the complaint up the chain of command); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir.1997) (plaintiff placed her complaint in the proper channel under the employer’s internal policies governing harassment because the plaintiffs department head was one of four authorized channels for lodging a complaint).
discussed Cited as authority (rule) Durkin v. City of Chicago
N.D. Ill. · 2002 · confidence medium
Notice may be inferred where the harassment is pervasive, Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997), but Durkin does not produce evidence of pervasive harassment, so I consider whether the City had actual notice from Durkin’s complaints.
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Dial Corp.
N.D. Ill. · 2001 · confidence medium
Thus, “notice may be presumed where the work environment is permeated with pervasive harassment.” Wilson v. Chrysler Corp., 172 F.3d 500, 509 (7th Cir.1999) (citing Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997); Zimmerman, 96 F.3d at 1018-19 ); see Zimmerman, 96 F.3d at 1018-19 (“The sheer pervasiveness of the harassment might support an inference that the employer must have known of it ....” (citations omitted))); Mitsubishi, 990 F.Supp. at 1074 (“When harassing behavior occurs frequently enough and is both common and continuous, a company can reasonably be said to be on �…
cited Cited as authority (rule) Mingo v. Roadway Express, Inc.
N.D. Ill. · 2001 · confidence medium
Parkins, 163 F.3d at 1035 ; Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997).
cited Cited as authority (rule) Anderson v. Deluxe Homes of PA, Inc.
M.D. Penn. · 2001 · confidence medium
“The issue [of which employee’s knowledge binds the employer] does not turn on labels attached to levels of hierarchy.” Id. (citing Young v. Bayer Corp., 123 F.3d 672, 673-75 (7th Cir.1997)).
discussed Cited as authority (rule) Bremiller v. Cleveland Psychiatric Institute
N.D. Ohio · 2000 · confidence medium
In addition, a company can be presumed to be on “notice” of harassment if its supervisors had actual knowledge of the harassment (some of them may have participated in the harassment, some may have simply worked closely with those who did, and others may have been informed of harassment by women who were not their direct subordinates) and “if these supervisors had a duty or reasonably could be believed to have such a duty, under the company’s sexual harassment policy, to ‘pass on the information to someone within the company who has the power to do something about it.’ ” Id. at 1…
cited Cited as authority (rule) Francom v. Costco Wholesale Corp.
Wash. Ct. App. · 2000 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997); see Parkins v. Civil Constructors of Illinois, Inc., 163 F.3d 1027, 1035 (7th Cir.1998).
discussed Cited as authority (rule) Miller v. Woodharbor Molding & Millworks, Inc. (2×) also: Cited "see, e.g."
N.D. Iowa · 2000 · confidence medium
See Shaw, 180 F.3d at 811-12 (finding that the anti-harassment policy to be effective because it provided, inter alia, for multiple mechanisms for the prompt resolution of complaints); Parkins v. Civil Constructors of Ill., Inc., 163 F.3d 1027, 1035-36 (7th Cir.1998) (holding that employer exercised reasonable care to prevent sexual harassment where it adopted a policy prohibiting sexual harassment which provided multiple complaint mechanisms); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir.1997) (the employer had four authorized channels for lodging complaints); Duran, 17 F.Supp.2d at 1203 …
cited Cited as authority (rule) Francom v. Costco Wholesale Corp.
Wash. Ct. App. · 2000 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997); see Parkins v. Civil Constructors of Ill., Inc., 163 F.3d 1027, 1035 (7th Cir. 1998).
discussed Cited as authority (rule) Vera Sims v. Health Midwest (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
An employer may be responsible for the consequences of sexual harassment if information about the harassment came "to the attention of someone who (a) has under the terms of his employment, or (b) is reasonably believed to have . . . a duty to pass on the information to someone within the company who has the power to do something about it. . .." Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir. 1997); Torres v. Pisano, 116 F.3d 625 , 636-38 (2nd Cir. 1997).
discussed Cited as authority (rule) Vera Sims v. Health Midwest Physician Services Corporation, a Missouri Corporation (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
An employer may be responsible for the consequences of sexual harassment if information about the harassment came “to the attention of someone who (a) has under the terms of his employment, or (b) is reasonably believed to have ... a duty to pass on the information to someone within the company who has the power to do something about it.... ” Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997); Torres v. Pisano, 116 F.3d 625, 636-38 (2nd Cir.1997).
discussed Cited as authority (rule) Silk v. City of Chicago (2×) also: Cited "see"
7th Cir. · 1999 · confidence medium
The record therefore establishes that Commander Batts properly carried out his duty to pass on the complaint and that the IAD appro priately responded to the complaint and resolved the coworker harassment without any negligence. 18 See Faragher, 118 S.Ct. at 2285-86 (employer is liable only if it knew or should have known and failed to take proper remedial steps); Young, 123 F.3d at 673-74.
discussed Cited as authority (rule) William H. Silk v. City Of Chicago (2×) also: Cited "see"
7th Cir. · 1999 · confidence medium
The record therefore establishes that Commander Batts properly carried out his duty to pass on the complaint and that the IAD appropriately responded to the complaint and resolved the co- worker harassment without any negligence. 18 See Faragher, 118 S. Ct. at 2285-86 (employer is liable only if it knew or should have known and failed to take proper remedial steps); Young, 123 F.3d at 673-74. 59 Of those incidents he did not report, Sergeant Silk tells us of two occasions on which he was called names in a public place and one occasion when Captain Burns darkly hinted that the Sergeant might fi…
discussed Cited as authority (rule) Gordon v. Southern Bells, Inc.
S.D. Ind. · 1999 · confidence medium
Where such a person is not identified or easily accessible, “an employer can receive notice of harassment from a ‘department head’ or someone that ‘the complainant reasonably believed was authorized to receive and forward (or respond to) a complaint of harassment.’ ” Id. (quoting Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997)).
discussed Cited as authority (rule) Cavuoti v. New Jersey Transit Corp. (2×)
N.J. · 1999 · confidence medium
Those definitions and that in Gares, supra, have a common premise— that the culpable employees have sufficient authority so that the imputation of damages against the employer is fair and reasonable. [3] Seeking to avoid the metaphysical distinctions necessary to decide at what management level notice to employees constitutes notice to the corporation, Chief Judge Posner of the Seventh Circuit *560 has suggested: "What is possible to identify is who has the authority to terminate the harassment of which plaintiff is complaining and did the plaintiff complain to someone who could reasonably b…
discussed Cited as authority (rule) Hurley v. Atlantic City Police Department
3rd Cir. · 1999 · confidence medium
See also Distasio v. Perkin Elmer Corp., 157 F.3d 55 (2d Cir.1998) (holding that, if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it, the plaintiff has no further obligation to bring it to the employer's attention); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir.1997) (finding it sufficient for a plaintiff to give notice to someone who should reasonably be expected to stop the harassment or refer the complaint up the chain of command to someone who can stop it). .
discussed Cited as authority (rule) United States Court of Appeals, Third Circuit
3rd Cir. · 1999 · confidence medium
Moreover, we do not suggest that the New Jersey Supreme Court would only look to the ABA Model Charge and Title VII caselaw when fashioning a set of factors to guide the jury in its deliberations 16 Because we conclude that the ACPD remains liable under the LAD, we need not consider whether the district court's charge misstated the law under Title VII 17 See also Distasio v. Perkin Elmer Corp., 157 F.3d 55 (2d Cir.1998) (holding that, if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it, the plaintiff has no further obligation to bring it to…
discussed Cited as authority (rule) Hurley v. Atl Cty Pol Dept
3rd Cir. · 1999 · confidence medium
See also Distasio v. Perkin Elmer Corp., 157 F.3d 55 (2d Cir. 1998) (holding that, if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it, the plaintiff has no further obligation to bring it to the employer's attention); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir. 1997) (finding it sufficient for a plaintiff to give notice to someone who should reasonably be expected to stop the harassment or refer the complaint up the chain of command to someone who can stop it). 18.
examined Cited as authority (rule) Lesley A. PARKINS, Plaintiff-Appellant, v. CIVIL CONSTRUCTORS OF ILLINOIS, INC., D/B/A the Helm Group, Inc., Defendant-Appellee (4×) also: Cited "see"
7th Cir. · 1998 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997).
discussed Cited as authority (rule) Bacon v. Art Institute of Chicago
N.D. Ill. · 1998 · confidence medium
(Rule 12(N) Statement 52). “[I]f the company fails to establish a clearly marked, accessible, and adequate channel for complaints, judicial inquiry will have to turn to who in the company the complainant rectr sonably believed was authorized to receive and forward (or respond to) a complaint of harassment.” Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997) (emphasis in the original).
examined Cited as authority (rule) Savino v. C.P. Hall Co. (3×) also: Cited "see", Cited "see, e.g."
N.D. Ill. · 1997 · confidence medium
While an employer may not be liable even if the harassing conduct does not stop (see Young, 123 F.3d at 673), its remedial actions do not preclude a negligence finding if such actions allow the conduct to continue, much less exacerbate it. 16 Other aspects of C.P.
discussed Cited as authority (rule) Hawthorne v. St. Joseph's Carondelet Child Center
N.D. Ill. · 1997 · confidence medium
Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997) has recently dealt with the imputation to an employer of information about sexual harassment gained by an employee — and for that purpose Young held (following a recent Second Circuit decision): [T]he information must .either (1) come to the attention of someone who (a) has under the terms of his employment, or (b) is reasonably believed to have, or (e) is reasonably charged by law with having, a duty to pass on the information to someone within the company who has the power to do something about it) or (2) come to the attention of such …
discussed Cited as authority (rule) Deters v. Equifax Credit Information Services, Inc.
D. Kan. · 1997 · confidence medium
See Fitzgerald, 68 F.3d at 1263 (defining “managerial agent” for purposes of imputing punitive damages to employer); see also Torres v. Pisano, 116 F.3d 625, 636-38 (2d Cir.1997); Young v. Bayer Corp., 123 F.3d 672, 673-74 (7th Cir.1997).
cited Cited "see" EEOC v. Village at Hamilton Pointe LLC
7th Cir. · 2024 · signal: see · confidence high
See Young v. Bayer Corp., 123 F.3d 672 , 674–75 (7th Cir. 1997); see also Huston v. Proctor & Gamble Paper Prod.
cited Cited "see" Phillips v. Exxon Mobil Corporation
N.D. Ill. · 2020 · signal: accord · confidence high
See Lambert, 723 F.3d at 867-68 ; accord Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir. 1997).
discussed Cited "see" Taylor v. CSX Transportation
M.D. Ala. · 2006 · signal: see · confidence high
See Thomas v. BET Soundstage Rest., 104 F.Supp.2d 558, 568 (D.Md.2000) (in context of analyzing Ellerth/Faragher affirmative defense in light of plaintiffs asserted fears, observing that “an employer may be charged with constructive knowledge of sexual harassment, even if unreported, if the harassment was so broad in scope, and so permeated the workplace, that it must have come to the attention of someone authorized to do something about it”) (citing Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997)).
cited Cited "see" Thomas v. BET Soundstage Restaurant
D. Maryland · 2000 · signal: see · confidence high
See Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997).
discussed Cited "see" Franklin v. King Lincoln-Mercury-Suzuki, Inc. (2×)
D. Maryland · 1999 · signal: see · confidence high
See Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997).
discussed Cited "see" Donnie M. WILSON, Plaintiff-Appellant, v. CHRYSLER CORPORATION, Defendant-Appellee (2×)
7th Cir. · 1999 · signal: see · confidence high
See Young v. Bayer Corp., 123 F.3d 672, 674 (7th Cir.1997); Zimmerman v. Cook County Sheriff's Dept., 96 F.3d 1017, 1018-19 (7th Cir.1996).
discussed Cited "see" Nuri v. PRC, INC. (2×)
M.D. Ala. · 1998 · signal: see · confidence high
See Young v. Bayer Corp., 123 F.3d 672, 674-75 (7th Cir.1997); Torres v. Pisano, 116 F.3d 625, 636-638 (2d Cir.1997).
cited Cited "see" 77 Fair empl.prac.cas. (Bna) 613, 73 Empl. Prac. Dec. P 45,451 Linda Williamson v. The City of Houston, Texas v. The City of Houston, Texas
5th Cir. · 1998 · signal: see · confidence high
See Young v. Bayer Corp., 123 F.3d 672, 673-75 (7th Cir.1997).
Retrieving the full opinion text from the archive…
74 Fair empl.prac.cas. (Bna) 1248, 71 Empl. Prac. Dec. P 44,970 Yolanda Young
v.
Bayer Corp.
96-3700.
Court of Appeals for the Seventh Circuit.
Sep 5, 1997.
123 F.3d 672
1997 U.S. App. LEXIS 23217
1997 WL 545871
Karen M. Freeman-Wilson (argued), Gary, IN, for Plaintiff-Appellant., Timothy W. Woods (argued), Robert Scott Sanderson, Jones, Obenchain, Ford, Pankow, Lewis & Woods, South Bend, IN, for Defendant-Appellee.
Posner, Manion, Rovner.
Cited by 67 opinions  |  Published
POSNER, Chief Judge.

The district court granted summary judgment for the defendant in this Title VII suit for sexual harassment. The plaintiffs appeal presents an important question: what is the lowest level in a corporate or other institu[*673] tional hierarchy at which notice to an employee of sexual harassment is deemed notice to the employer?

The plaintiff was a production worker in a chemical manufacturing plant. According to allegations that we must accept as true because of the procedural posture of the case, beginning in the middle of 1989 her foreman began harassing her sexually. The details of the alleged harassment, which included offensive touchings as well as leers and lewd comments and solicitations, are not important. Between the onset of the harassment and December of 1992 the plaintiff complained at least five times to the foreman’s immediate supervisor, who was the head of a department of 60 workers in which the plaintiff worked. The department head spoke to the foreman but did not report the plaintiffs complaints to the plant’s personnel director, as the company’s rules required him to do, and the harassment continued. In December the plaintiff complained to another supervisory employee, a subordinate of the department head, and this employee relayed the complaint to the personnel director, who took some action but, according to Young, not enough to stop the harassment. So she filed charges with the EEOC and then took six months of unpaid sick leave, which she attributes to the harassment. She is still employed by the defendant.

Had the plaintiffs harasser not been her supervisor (the foreman of her work team), the only question would be whether the company was negligent in failing to act promptly on her complaints. McKenzie v. Illinois Department of Transportation, 92 F.3d 473, 480 (7th Cir.1996); Baskerville v. Culligan International Co., 60 F.3d 428, 432 (7th Cir.1995); Carr v. Allison Gas Turbine Division, 32 F.3d 1007, 1009 (7th Cir.1994); Splunge v. Shoney’s, Inc., 97 F.3d 488, 490 (11th Cir.1996); Burns v. McGregor Electronic Industries, Inc., 989 F.2d 959, 966 (8th Cir.1993). Because he was her supervisor, the company may have a more extensive liability. We can put to one side liability on thé “quid pro quo” theory of liability for a supervisor’s harassment, for while it is true that the plaintiff alleges that the foreman threatened her with the loss of her job if she did not submit to his advances, she did not advance this theory in the district court and it is therefore waived. She did preserve an argument that a company should be strictly liable for sexual harassment by its supervisors even if the harassment does not involve the supervisor’s utilization of his authority, that is, even if it is no different from harassment by a coworker. But this theory a majority of the full court has now rejected, Jansen v. Packaging Corp. of America, 123 F.3d 490, 494-95 (7th Cir.1997) (en banc) (per curiam), so we may lay it to one side too, leaving as the only question whether the company was negligent in failing to act promptly on the plaintiffs complaints.

The answer depends on whether notice to the plaintiffs department head was notice to the company, for if it was, then it will require a trial to determine whether the company dawdled so long in responding as to indicate negligence. If it was not notice to the company — -if the company did not receive notice until December, when the personnel director learned of the complaints — the company is not liable for the foreman’s harassment of the plaintiff because, as the district judge found, the uncontested facts show that the personnel director acted promptly and responsibly in response to the complaints. The fact that (as the plaintiff contends) the personnel director may not have succeeded in stopping the harassment does not show that Bayer (or he) was negligent. E.g., McKenzie v. Illinois Department of Transportation, supra, 92 F.3d at 480. That would make the test one of strict liability.

The district judge held that notice to the department head was not notice to the company because “he was not in upper-level management” and “had no responsibility for investigating or handling charges of sexual harassment.” The judge cited Van Zant v. KLM Royal Dutch Airlines, 80 F.3d 708, 715-16 (2d Cir.1996), in support of this conclusion. See also Torres v. Pisano, 116 F.3d 625, 634-38 (2d Cir.1997). Although Van Zant is distinguishable because, so far as relates to the present case, the supervisory employee who learned of Van Zant’s complaint was neither in her chain of command[*674] nor responsible for reporting complaints of harassment, just as in our case of Juarez v. Ameritech Mobile Communications, Inc., 957 F.2d 317, 320-21 (7th Cir.1992), it is not alone in distinguishing between “low-level” and “higher” management, and imputing only-knowledge of the latter to the corporation. See Faragher v. City of Boca Raton, 111 F.3d 1530, 1538 (11th Cir.1997) (en banc); Canutillo Independent School District v. Leija, 101 F.3d 393, 400-02 (5th Cir.1996); Kilgore v. Thompson & Brock Management, Inc., 93 F.3d 752, 754 (11th Cir.1996); Hartleip v. McNeilab, Inc., 83 F.3d 767, 777 (6th Cir.1996); Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir.1988) (per curiam). Some cases, however, require notice merely to “management,” without distinguishing among the different tiers of management. Nichols v. Frank, 42 F.3d 503, 508 (9th Cir.1994); Hirschfeld v. New Mexico Corrections Department, 916 F.2d 572, 577 (10th Cir.1990); Hall v. Gus Construction Co., 842 F.2d 1010, 1015-16 (8th Cir.1988).

The question what employee or other agent must be notified of something for the corporation itself (or other principal) to be responsible for the consequences arises in many different areas of the law. It arises, for example, in regard to service of process, e.g., Swaim v. Moltan Co., 73 F.3d 711, 721 (7th Cir.1996); Baker v. Latham Sparrowbush Associates, 72 F.3d 246, 254-55 (2d Cir.1995); Glennar Mercury-Lincoln, Inc. v. Riley, 167 Ind.App. 144, 338 N.E.2d 670, 675 (1975), and determinations of corporate willfulness, e.g., Rice v. Nova Biomedical Corp., 38 F.3d 909, 913 (7th Cir.1994); Kemner v. Monsanto Co., 217 Ill.App.3d 188, 160 Ill.Dec. 192, 201-205, 576 N.E.2d 1146, 1155-59 (1991), as well as civil and criminal liability for the misconduct of subordinates. E.g., Hartmann v. Prudential Ins. Co., 9 F.3d 1207, 1210-11 (7th Cir.1993). The answer to the question suggested by the Second Circuit’s recent decision in Torres, refining its earlier decision in Van Zant, is that the information must either (1) come to the attention of someone who (a) has under the terms of his employment, or (b) is reasonably believed to have, or (c) is reasonably charged by law with having, a duty to pass on the information to someone within the company who has the power to do something about it; or (2) come to the attention of such a someone. 116 F.3d at 636-38; see also Juarez v. Ameritech Mobile Communications, Inc., supra, 957 F.2d at 321. (If the harassment is pervasive, it can be presumed, subject we imagine to rebuttal, to have come to the attention of someone authorized to do something about it. E.g., Zimmerman v. Cook County Sheriff’s Department, 96 F.3d 1017, 1018-19 (7th Cir.1996); Wattman v. International Paper Co., 875 F.2d 468, 478 (5th Cir.1989); Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir.1988).) In either case, the enterprise has a reasonable chance of being able to respond to the information, whether it is information that it is being sued or information that subordinate employees are committing criminal or tortious acts.

Inquiry will normally begin with ground (l)(a), identifying the person who has the duty under the employer’s rules to channel complaints of sexual harassment to the employees of the company who are empowered to act upon such a complaint. Many companies appoint a “point person,” usually in the personnel or (as it is nowadays often called) human resources department, to be the recipient of charges of harassment. If identified to and accessible to potential complainants, this person becomes the natural channel for the making and forwarding of complaints, and complainants can be expected to utilize it in the normal case. Whether and in what circumstances a company can make this the exclusive channel for complaints about harassment we need not decide in this case; but what is certain is that if the company fails to establish a clearly marked, accessible, and adequate channel for complaints, judicial inquiry will have to turn to who in the company the complainant reasonably believed was authorized to receive and forward (or respond to) a complaint of harassment. A department head would ordinarily be such a someone with regard to complaints of misconduct lodged by a worker in his department. If he receives such a complaint he would be obligated by elementary principles of management and good sense either to resolve the prob[*675] lem himself or to refer it to someone else within the company, who can.

Focus on whether the information comes to the attention of someone who ought by specification of his duties or, failing that, general norms of management to do something about it, either directly or by referring the matter to some other corporate employee, is a better, because a more concrete, a more practical, approach than asking at what level in a corporate hierarchy an employee “is” the corporation. Except in some closely held corporations, no single employee is the corporation (and anyway a corporation with only one employee would be exempt from Title VII, see 42 U.S.C. § 2000e(b)), so the approach we are criticizing is in quest of something that does not exist, making it “metaphysical” in a pejorative sense. What is possible to identify is who has the authority to terminate the harassment of which the plaintiff is complaining and did the plaintiff complain to someone who could reasonably be expected to refer the complaint up the ladder to the employee authorized to act on it. These two questions should guide the inquiry in cases in which the question is whether the plaintiff placed her complaint in a proper channel.

Under Bayer’s internal policies governing harassment, the plaintiff had four authorized channels for lodging a complaint, one of which was to complain to her department head — and that is what she did. The defendant argues absurdly, in the teeth of its own policies as well as of good sense, that in a corporation the size of Bayer the head of a department of “only” 60 workers is too far down the corporate ladder to count. Most companies do not have as many as 60 workers. A company does not buy effective immunity from the duties that Title VII places on employers merely by growing to a point at which it has many layers of supervisory employees or by slotting in additional layers, so that whereas in a company with 60 employees, notice to the president would clearly suffice as notice to the company, in a company of 20,000 employees notice to a supervisor of 300 employees might not be enough because there were several supervisory layers between himself and the president or board of directors. Very small companies are exempted from Title VII. 42 U.S.C. § 2000e(b). This is the first time we’ve heard it argued that very large ones are, too. Cf. Consolidated Edison Co. of New York, Inc. v. Arroll, 66 Misc.2d 816, 322 N.Y.S.2d 420, 423 (1971), rejecting a similar argument in a contract case. Bayer knew better, since as we said it authorized workers to complain to their department heads. It must have believed that the department heads would relay complaints, if the head was unable to respond effectively, to someone who could.

Since notice to the plaintiffs department head was in the circumstances notice to the company, there is a genuine issue of material fact regarding the company’s negligence, and so the judgment of the district court must be reversed and the case remanded to that court for trial.

REVERSED AND REMANDED.