; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (2) Standard for employer liability for retaliatory hostile work environment Section 4(d)(1) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(d)(1) ), as amended by section 205(c)(2), is further amended by striking or litigation under this Act. and inserting “or litigation under this Act. Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that is unlawful under this subsection if, at the time of the harassment— (A) such individual was authorized by that employer— (i) to undertake or recommend tangible employment actions affecting the employee; or (ii) to direct the employee’s daily work activities