What is the Ellerth/Faragher affirmative defense?

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The Ellerth/Faragher defense allows employers to defend themselves in sexual harassment claims by arguing that they had a reasonable antidiscrimination policy and the plaintiff or employee failed to use it. This defense is not permitted in a case where there is a tangible unfavorable job action by a supervisor. The U.S. Supreme Court created the Ellerth/Faragher affirmative defense, which employers can use to protect themselves from liability when they have tried to consistently obey the law. To be eligible to utilize this defense, an employer should make sure that it has a sexual harassment policy and that employees are aware of the policy. Additionally, the employer should make sure that the policy provides for those situations where the supervisor is the harasser. For example, the policy should have multiple ways for an employee to bring a complaint of sexual harassment.

What Is the Ellerth/Faragher Affirmative Defense