Review definition of tangible adverse employment action. 61 Review examples of tangible adverse employment actions. 62 Review examples of tangible adverse employment actions. 63 If the acts of the supervisor do not involve a tangible employment action, the employer must prove a two-pronged defense to avoid liability Slide 64 Emphasize Key Points: If the acts of the supervisor do not involve a tangible employment action, the employer must prove a two-pronged defense to avoid liability: Exercised reasonable care to prevent and correct any sexually harassing behavior; E.g., Reasonable policy; prompt investigation of complaints promptly, prompt and appropriate remedial action AND Employee acted unreasonably failed to take advantage of any preventative or corrective – opportunities provided by the employer or failed to otherwise avoid harm. E.g., unreasonably failed to use complaint procedure (general fear or reluctance to talk about harassment is insufficient) Slide 65 Emphasize Key points: Non-supervisor: co-worker, client, vendor, anyone without authority to take an adverse employment action. No automatic liability
Review definition of tangible adverse employment action. 61 Review examples of tangible adverse employment actions. 62 Review examples of tangible adverse employment actions. 63 If the acts of the supervisor do not involve a tangible employment action, the employer must prove a two-pronged defense to avoid liability Slide 64 Emphasize Key Points: If the acts of the supervisor do not involve a tangible employment action, the employer must prove a two-pronged defense to avoid liability: Exercised reasonable care to prevent and correct any sexually harassing behavior; E.g., Reasonable policy; prompt investigation of complaints promptly, prompt and appropriate remedial action AND Employee acted unreasonably – failed to take advantage of any preventative or corrective opportunities provided by the employer or failed to otherwise avoid harm. E.g., unreasonably failed to use complaint procedure (general fear or reluctance to talk about harassment is insufficient) Slide 65 Emphasize Key points: Non-supervisor: co-worker, client, vendor, anyone without authority to take an adverse employment action. No automatic liability