An employer that can prove both elements normally will not be liable for a supervisor’s harassment. 3. Manley's Claims: Does Manley have a viable claim of sexual discrimination if he is deprived of his job? What issues might impact the decision about his lawsuit? Has he been injured as of yet?
An employer that can prove both elements normally will not be liable for a supervisor’s harassment. 3. Manley's Claims: Does Manley have a viable claim of sexual discrimination if he is deprived of his job? What issues might impact the decision about his lawsuit? Has he been injured as of yet?
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2. MMLP's Defense to Hostile Working Environment Claims: The United States Supreme Court issued several important rulings in cases alleging sexual harassment by supervisors that established what is known as the “Ellerth/Faragher affirmative defense.”
The Ellerth/Faragher defense has two elements:
The employer must have taken reasonable care to prevent and promptly correct any sexually harassing behavior (by establishing effective harassment policies and complaint procedures, for instance).
The plaintiff-employee must have unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer to avoid harm. An employer that can prove both elements normally will not be liable for a supervisor’s harassment.
3. Manley's Claims: Does Manley have a viable claim of sexual discrimination if he is deprived of his job? What issues might impact the decision about his lawsuit? Has he been injured as of yet?
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