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- Sexual Harassment: Employer Defenses. By Kelly Armstrong. The careers of many public figures...
- Suffered sexual harassment? Call our trial-tested lawyers today for a free confidential consultation. Boca Raton, U.S. ()...
- A recent U.S. Supreme Court decision considered when an employer may be held...
- "Employer Defenses to Sexual Harassment Claims" by Allan H. Weitzman
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Even where an employer implements appropriate policies and procedures, follows those procedures in the face of a hostile work environment complaint, promptly investigates and engages in what it believes is appropriate remedial action, as held by the Third Circuit in Knabe v.
Sappington , 4 the court noted that the constructive discharge was a tangible employment action when the plaintiff, who complained of sexual harassment, was subsequently transferred to a "hellish" assignment and was told that it was in her "best interest to resign. Employers who make a concerted effort to eliminate discrimination and sexual harassment in the workplace should be protected for their efforts, and not punished, particularly when prompt, remedial action is taken by the employer and the inappropriate behavior is mitigated.
Register now for your free, tailored, daily legal newsfeed service. But if no tangible employment action was involved, the employer could avoid liability by proving:.