Is the employer liable for a sexual harassment claim?
|
|
|
|
|
|
|
|
|
|
|
|
Is there a Prima Facie Case?
|
YES
|
Is the offender a supervisor?
|
YES
|
Was there a tangible employment action (TEA)?
|
YES
|
Strict Liability
|
| |
NO
|
|
NO
|
|
|
NO
|
|
|
|
|
No Liability
|
NO
|
Did the employer know or should have known?
|
|
Employer Liability
|
NO
|
Did the Employer exercise reasonable care to prevent and correct the TEA?
|
| |
|
YES
|
YES
|
|
|
NO
|
YES
|
|
|
|
Liability
|
NO
|
Was there timely and appropriate remedial action?
|
|
No Liability
|
YES
|
Did the employee unreasonably fail to take advantage of the reasonable care?
|
| |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
| |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
| |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
| |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
| |
|
|
|
|
|
|
|
|
|
|
Employment Discrimination Employer
