An employer is not entitled to the Ellerth/Faragher affirmative defense as a matter of law where other supervisors were aware of the conduct and failed to report it in accordance with employer’s policies and procedure or where the employee is not provided any assurances as to how “no contact” with the harasser will be enforced.

By Carmen Artaza on July 26, 2014

“Plaintiff testified that because she was provided no assurances about how no contact with [the harasser] was going to be enforced and [the harasser] was not disciplined in any manner, she had no choice but to accept the transfer. A genuine issue of material fact exists as to whether the employer exercised reasonable care to correct promptly any sexually-harassing behavior.”

Sanders v. Christus Santa Rosa PASC, 13-CV-250, 2014 WL 201071 at *6 (W.D. Tex. January 17, 2014) (Rodriguez, J.).