Ellerth/Faragher in #MeToo era: What if Harassment Isn't Reported?
Allison Feldstein, a partner in the Labor and Employment Practice, and Jason Ross, an associate in the practice, co-authored this article for the Pennsylvania Employment Law Letter. The pair discuss a recent U.S. 3rd Circuit Court of Appeals that applied the Ellerth/Faragher affirmative defense.
"The U.S. 3rd Circuit Court of Appeals … recently applied the familiar Ellerth/Faragher affirmative defense to reach a notable #MeToo conclusion in a sexual harassment case: An employee didn't act "unreasonably" by failing to report her boss's sexually harassing conduct to her employer, and her claim could therefore proceed to trial," wrote Allison and Jason. "Although it isn't a change in the law per se, the court's conclusion is a departure from previous cases in which courts have routinely dismissed harassment claims under similar circumstances."
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