What must an employer prove in order to establish an affirmative defense so as to not be liable for a claim of harassment? What factors will a court consider if an employer raises an affirmative defense to determine whether the defense was proven?

What will be an ideal response?

An employer can prove an affirmative defense if the following is established:

•The employer exercised reasonable care to prevent, and promptly correct, any sexual harassing behavior, and
•The plaintiff-employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.
In determining whether the defense has been proven, a court will consider (1) whether the employer has an anti-harassment policy, (2) whether the employer had a complaint mechanism in place, (3) whether employees were informed of the anti-harassment policy and complaint procedure, and (4) other factors that the court deems relevant.

Business

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