The Faragher/Ellerth defense

1. The affirmative defense to an allegation of sexual harassment established by the Supreme Court in Ellerth and Faragher requires an employer to show:

A) there was no sexual harassment.
B) the party claiming sexual harassment consented to the conduct by tolerating it.
C) it exercised care to prevent and correct the situation and the complainant failed to report the problem through avenues made available by the employer.
D) the party claiming sexual harassment suffered no tangible employment action.

 

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