Legal Alert: Minnesota Adopts Ellerth and Faragher Affirmative Defense for Claims of Sexual Harassment Under State Law

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On May 30, 2008, the Minnesota Supreme Court held for the first time that the standard established by the United States Supreme Court in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998), for employer liability for sexual harassment committed by a supervisor applies to claims of sexual harassment under the Minnesota Human Rights Act (?MHRA?). See Frieler v. Carlson Marketing Group, Inc. (Minn., May 30, 2008).

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