A plaintiff in a sexual harassment case will not prevail if the employer can prove that it exercised reasonable care in trying to prevent and promptly correct sexual harassment behavior,and that the plaintiff unreasonably failed to take advantage of preventive or corrective procedures made available to the plaintiff.

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This is known as the Faragher-Ellerth affirmative defense, which can be used by employers in sexual harassment cases. If the employer can prove that it took reasonable steps to prevent and address harassment and that the employee failed to take advantage of those steps, then the employer may not be held liable for the harassment.

A Plaintiff in a Sexual Harassment Case Will Not Prevail