The Faragher/Ellerth defense is a __________ created affirmative defense whereby an employer may avoid vicarious liability by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.

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The Faragher/Ellerth defense is a judicially created affirmative defense, established by the Supreme Court in the cases of Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. This defense allows employers to avoid vicarious liability for harassment by demonstrating they have effective measures in place to prevent and correct harassment and that the employee unreasonably failed to take advantage of these measures.

The Faragher/Ellerth Defense Is a __________ Created Affirmative Defense Whereby