The Ellerth/Faragher affirmative defense can be applied to which type of claims?

The Ellerth/Faragher affirmative defense can be applied to which type of claims?

• A. Sexual harassment claims
• B. Discrimination claims
• C. Workplace bullying claims
• D. All of the above

Answer: (A)

The Ellerth/Faragher affirmative defense specifically relates to sexual harassment claims, particularly in cases where there is a quid pro quo scenario or a hostile work environment. This defense allows an employer to avoid liability if they can demonstrate that they took reasonable steps to prevent and promptly correct any sexually harassing behavior and that the employee unreasonably failed to take advantage of those measures. For this reason, the affirmative defense is directly applicable to claims of sexual harassment. While other types of claims, such as workplace bullying and discrimination, may share some overlapping protections or concepts, they do not fall under the specific legal framework established by the Ellerth and Faragher cases. Hence, the focus remains on sexual harassment claims when discussing this particular affirmative defense.

The Ellerth/Faragher affirmative defense specifically relates to sexual harassment claims, particularly in cases where there is a quid pro quo scenario or a hostile work environment. This defense allows an employer to avoid liability if they can demonstrate that they took reasonable steps to prevent and promptly correct any sexually harassing behavior and that the employee unreasonably failed to take advantage of those measures.

For this reason, the affirmative defense is directly applicable to claims of sexual harassment. While other types of claims, such as workplace bullying and discrimination, may share some overlapping protections or concepts, they do not fall under the specific legal framework established by the Ellerth and Faragher cases. Hence, the focus remains on sexual harassment claims when discussing this particular affirmative defense.