An employer can raise an affirmative defense to a sexual harassment claim if the employee:

Question

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If there is no tangible employment act by a supervisor, such as termination, and instead there is activity by a supervisor causing a severe and/or pervasive hostile environment resulting in harm to the harassed employee (for instance, the supervisor may constantly ask the employee out on dates and make sexual comments but still give the employee her usual raises and promotions), the employer is not strictly liable. The employer can use the Ellerth/Faragher defense to show that the employer had a reasonable sexual harassment policy to prevent and address sexual harassment, and the harassed employee unreasonably failed to use it.

An Employer Can Raise an Affirmative Defense to a Sexual