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Employment Discrimination Employer
A SelectSmart.com Flowchart by Mrinderer. See Mrinderer's 4me blog page.
Viewed 4889 times. Created October 2013.

Information and items from Amazon.com you may find helpful. This SelectSmart.com Law flowchart, a free online decision tool is a creation of Mrinderer and Law for amusement purposes only. The implicit and explicit opinions expressed here are the author's. SelectSmart.com does not necessarily agree.
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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?