Ellerth/Faragher Affirmative Defense

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Ellerth/Faragher Affirmative Defense

Definition

A two-pronged affirmative defense to a hostile-environment sexual-harassment claim, under which an employer must show that (1) it exercised reasonable care to prevent sexual harassment and (2) the employee unreasonably failed to take advantage of the employer’s prevention polices.

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— Lauderdale v. Texas Department of Criminal Justice

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