Wednesday, August 15th, 2007

Sample Discovery on Faragher/Ellerth Affirmative Defense

The Faragher/Ellerth affirmative defense is applicable only if the plaintiff seeks to hold the defendant liable for harassment on a vicarious liability theory and the plaintiff did not suffer a tangible employment action. If you have proof that the employer knew or should have known about the harasser’s conduct before this particular plaintiff was harassed, […]