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Preparing to defend against a sexual harassment or retaliation suit is not the best time for a company to find out that it could have taken steps to minimize its liability. But an employer in some cases may avoid liability for sexual harassment by establishing that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior and that the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm. Obviously, this two-part defense measure requires more than witness-box pronouncements. The employer must be able to present concrete evidence to show the steps it took to prevent, address and adequately respond to complaints. Here are some examples of evidence that a company can present at trial that will help show it intended to prevent and correct actionable behavior:

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