Employment Discrimination Employer A SelectSmart.com Flowchart by Mrinderer To print this page, right mouse click, open "Print preview", "Print" or a similar option depending on your browser, then use the controls to size this page appropriately. Go to SelectSmart.com/flowchart/flowchart.php?id=1000774 for the original version of this flowchart. Find and create other free decision making tools at SelectSmart.com. Use our interactive selectors to find the best college, best career, right religion, most appropriate dog breed, best college major and more.

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