Employer liability for creating a hostile work environment can be avoided by asserting an affirmative defense Basically, the employer has to exercise reasonable care to prevent and correct harassment; and the victim of the harassment unreasonably fails to take advantage of preventive opportunities provided by the employer. This usually involves the employer having strong policies in place, and a quick and thorough investigation of harassment claims. The EEOC vs. Management Hospitality of Racine case on page 314 is a great example of how courts apply the affirmative defense. As long as the employer takes these measures, they can be absolved of liability - even if the measures failed to correct a hostile work environment.
Do you think it is fair for employers to avoid liability when their efforts fail to prevent the hostile environment?