The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is:

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The primary difference lies in the criteria for finding employers liable, which varies based on whether the harassment resulted in a tangible employment action (such as firing, failing to promote, or demotion) or merely created a hostile working environment. In cases of tangible employment action, the employer is more directly liable, while in hostile environment cases, liability often depends on whether the employer knew (or should have known) about the harassment and failed to take appropriate action.

The Primary Difference Between Harassment That Results in Tangible Employment