Is the employer liable for a sexual harassment claim?
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Is there a Prima Facie Case?
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YES
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Is the offender a supervisor?
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YES
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Was there a tangible employment action (TEA)?
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YES
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Strict Liability
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NO
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NO
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NO
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No Liability
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NO
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Did the employer know or should have known?
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Employer Liability
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NO
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Did the Employer exercise reasonable care to prevent and correct the TEA?
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YES
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YES
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NO
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YES
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Liability
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NO
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Was there timely and appropriate remedial action?
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No Liability
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YES
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Did the employee unreasonably fail to take advantage of the reasonable care?
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Employment Discrimination Employer
More flowcharts
