Annabelle's boss promised to promote her if she would sleep with him.Annabelle refused.She received the promotion anyway.Annabelle has filed a charge of sexual harassment against her boss based on this episode.If the company can produce an affirmative defense,it will probably not be liable for sexual harassment.

Question

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An affirmative defense in a sexual harassment case could include showing that the company took reasonable care to prevent and correct promptly any sexually harassing behavior (such as having a clear policy and complaint procedure) and that the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. Since Annabelle received the promotion despite refusing her boss's advances, the company might argue that the harassment did not result in a tangible employment action against her, which is a key component of the employer's liability.

Annabelle's Boss Promised to Promote Her If She Would Sleep