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.