Before you file a complaint with an anti-discrimination agency or a lawsuit, you should report the harassment to Human Resources.
The affirmative defense set forth allows employers to escape liability if they can prove:
If you need help with a lawsuit, contact a sexual harassment lawyer for help.
It created the Faragher-Ellerth affirmative defense, which is nearly identical to the rule articulated in the Personnel article, with the distinction advanced by the EEOC added.
If companies truly want to prevent harassment, they need to go beyond policies and procedures.
Do not discipline without an investigation supported by facts.
But it did foreshadow later legal developments, beginning in
While it is important to get all the details, do not badger the complainant with unnecessary or repeat questions.
It is unlawful for a employer to ignore the situation and fail to take remedial steps to fix the situation.
In other words, someone can be sexually harassed without recourse in an organization with plenty of rules on the books.
But analyses of a half-century of judicial opinions tell a story of judges who increasingly view the presence of anti-harassment policies and complaint procedures as sufficient for employers to avoid liability, even where there is substantial evidence that harassment occurred.