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Ever since the U.S. Supreme Court decisions in Faragher and Ellerth , the question of whether an employee has suffered a "tangible employment action" has been the main battleground in determining whether an employer can assert an affirmative defense to sexual harassment claims. But a 9th Circuit decision recognizes the new tangible action of "successful coercion of sex," which, if proven, can prevent an employer from asserting the Faragher/Ellerth affirmative defense.
September 24, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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