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LawEmployment Discrimination Employer
By Mrinderer
Category: Law. Viewed 4477 times. Created October 2013.     Disclaimer.   
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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?