X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Last year, the U.S. SupremeCourt handed down two decisions heralded as significantly clarifying andrestating the law governing employer liability for its supervisors’ sexualharassment. Burlington Industries, Inc. v. Ellerth, 118 S. Ct. 2257(1998), and Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998).In these decisions, the Court stated that employers would always be subjectto vicarious liability for the discriminatory acts of their supervisors.

However, if the supervisor’sdiscriminatory acts did not result in a tangible employment action, theCourt held that an employer would not be subject to vicarious liabilityif it could demonstrate both elements of the following affirmative defense:1) “the employer exercised reasonable care to prevent and correct promptlyany harassing behavior;” and 2) “the employee unreasonably failed to takeadvantage of any preventative or corrective opportunities provided by theemployer or to avoid harm otherwise.” This affirmative defense, the Courtreasoned, promoted the goals of providing employers with an incentive toprevent and correct harassment, and of encouraging employees to avoid orlimit harm.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.