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Article Index » sexual harassment » employer liability » Affirmative Defense » Employee Conduct
Report Link Worker's Lack Of Response Dooms Harassment Suit
Ogletree Deakins - February 11, 2008
A federal appellate court recently dismissed a lawsuit brought by an employee who claimed that her employer subjected her to a hostile work environment. While the employer exercised reasonable care to prevent and correct the alleged harassment, the court held, the employee failed to take advantage of the corrective opportunities offered by the employer. Brenneman v. Famous Dave's of America, Inc., No. 06-1851, Eighth Circuit Court of Appeals (November 16, 2007).
Report Link Employee's Sexual Harassment Claim Fails.
Ogletree Deakins - May 11, 2006
The federal appellate court with jurisdiction over Texas recently ruled against an employee who complained to her supervisor that she was being harassed by a co-worker. According to the Fifth Circuit Court of Appeals, the employee failed to follow the company’s handbook which required the employee to report the harassment to human resources (HR) if a report to her supervisor proved ineffective.
Report Link Title VII Update: Court Validates Comprehensive Anti-Harassment Policy and "Swift and Effective" Response.
Vedder Price - January 28, 2005
Under Title VII of the Civil Rights Act of 1964, an employer may be liable for sexual harassment by a supervisor with authority over the victimized employee. When no tangible employment action against the employee is involved, the employer may raise an affirmative defense to liability that (a) the employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior, and (b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
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