An Employer Can Use the Ellerth/Faragher Affirmative Defense in a Case

An employer can use the Ellerth/Faragher affirmative defense in a case where the:

A) employer had a reasonable sexual harassment policy, and the harassee unreasonably failed to use it.
B) harasser initiated a tangible unfavorable job action against the harassee.
C) harassee and the harasser have already signed a "love contract."
D) employer was aware of the sexual harassment at the workplace but failed to take action against the offenders.