Faragher/Ellerth Defense for Employers
Employers may have a defense in these types of cases. The defense takes its name from the two U.S. Supreme Court cases that created it – Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998). Employers may use the Faragher/Ellerth defense if it can establish the following:
- The employer did not take any adverse employment action against the employee, which includes termination, reduction in pay, or demotion.
- The employer promptly took steps to prevent or correct the harassing behavior, which may include the employer having an anti-harassment policy in place.
- The employee failed to take advantage of any preventive or corrective options provided by the employer, which may include a failure to report the incident as required by the employer’s anti-harassment policy.
Sexual Harassment claims are very fact specific. Lawyers from BT Law Group have extensive experience advising clients about, and litigating, claims of sexual harassment. If you believe you have been subjected to sexual harassment or need advice regarding the investigation or defense of such claims, then contact the attorneys at BT Law Group for a consultation.
Connect With Our Team Now
Thorough Case Evaluation – 100% Confidential
Our Process
As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.
These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.
Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.
After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.
The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.
What Our Clients Say
I can’t speak highly enough of my experience with Anisley and team at BT Law Group. I was in a very vulnerable position being laid off from my corporate job of 10 years at 8 months pregnant. The team asked all of the right questions with a very…
Katherine S.
I was very pleased with my experience with BT Law group. Both Jason and Anisley were professional and answered all my questions. They believed in me and my case and for that I am forever grateful. Jason fought for me and justice was served. I recommend…
Allycia C.
Now that my case has been finalized, I would like to take this opportunity to publicly express my sincere admiration and gratitude to Anisley Tarragona and Jason Berkowitz for their outstanding professionalism and superb legal expertise applied…
Hiram V.
I recently found myself in the midst of an employment and labor dispute crisis, desperately seeking legal assistance to navigate the complexities of the situation. After screening multiple firms, I was fortunate to discover BT Law Group…
Marc O.
From start to finish, they were incredibly skilled, knowledgeable, compassionate and supportive. Their expertise gave me confidence at every stage, and their dedication could be seen throughout the entire case. They explained every step in clear terms…
Sammy E.
Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.
