The US Supreme Court has taken neither a pro-employer nor a pro-employee stance in the decisions it has issued over the last couple of years, but it is sending a clear message to employers. That message is train, train, train, a panel of experts told attendees at the recent 14th National Conference on Labor and Employment Law. The Court went out of its way in Faragher v. City of Boca Raton to tell employers how to protect themselves, said attorney Thomas W. Dickson. By setting out the parameters of a defense that encourages proactive behavior, the Court was trying to reduce litigation, Dickson suggested.
In Faragher and Burlington Industries v. Ellerth the Court held that employers can defend against charges of sexual harassment by a supervisor when no tangible employment action is taken by showing:
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