Two important new cases uphold employers' defenses to claims of sexual harassment

Lexology
Fox Rothschild LLP

Richard B. Cohen

USA    October 18 2012

 

The Supreme Court ruled in Burlington Industries v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998) that an employer may assert as an affirmative defense to claims of sexual harassment that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior and that the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by employer or to avoid harm otherwise. Two new court decisions illustrate exactly what this means.

 

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