Employers' Policy Defense Will Not Always Prevail in Discrimination Cases

Two 1998 U.S. Supreme Court decisions were initially touted as major boons to employers because they allow for summary judgment in discrimination cases where the employer took prompt corrective action or the plaintiff failed to take advantage of an anti-harassment policy. Two recent employment discrimination decisions in Pennsylvania show however, that the defenses created by the Faragher/Ellerth defense can cut both ways.

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