Sandra was employed as a nutritionist at Horse Power Gym and Spa.At work,she was constantly subjected to her manager's vulgar sexual comments and inappropriate sexual gestures.Unable to bear the harassment,Sandra decided to quit her job instead of going through her employer's sexual harassment complaint process.Which of the following holds true in this scenario?

Question

Quizplus · Accepted Answer

If Sandra files a sexual harassment case against Horse Power Gym and Spa, the employer can use the Ellerth and Faragher affirmative defense to avoid strict liability. According to the U.S. Supreme Court, when there is no official act resulting in the constructive discharge of an employee, and thus, no way for an employer to be made aware that there was an issue resulting in the constructive discharge, rather than strict liability attaching to the employer, the employer is able to use the Ellerth and Faragher affirmative defense to show how it tried to avoid liability.

Sandra Was Employed as a Nutritionist at Horse Power Gym