News & Analysis as of

Sexual Harassment › Hostile Environment › Failure to Report

Constangy, Brooks, Smith & Prophete, LLP

3 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

Firm must go to trial on same-sex harassment claim. If one employer's swings and misses can help other employers -- this case is a grand slam. An executive recruiting firm hired a kid right out of college to work out of its...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Bradley Arant Boult Cummings LLP on

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Troutman Pepper

Employer May Not Have Affirmative Defense to Harassment Claim even if Employee Fails to Report Harassment

Troutman Pepper on

Q: Does my company have an affirmative defense to a sexual harassment claim if the company has a policy for reporting sexual harassment and an employee never makes a report of sexual harassment under that policy? ...more

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