Article: Commentary: Burden on employer to establish defense under the ADEA

Article: Court upholds employer defense; Supreme Court rejects strict liability for sexual harassment claim.(News)
Business Insurance;  June 21, 2004 ;     700+ words ......raise an affirmative defense of two parts. First, the employer had to prove...response. The employer can assert the affirmative defense against a...affording the employer the chance...Faragher affirmative defense, that it...

Article: Operating in an empirical vacuum: the Ellerth and Faragher affirmative defense.
Columbia Journal of Gender and Law;  December 22, 2004 ;     700+ words ......a two-pronged affirmative defense to employer liability in certain...harassment. (5) The affirmative defense requires an employer to prove both...elements of the affirmative defense so as to reward employers for engaging in...

Article: "Let's Be Reasonable" -- Resolving the Ambiguities of the Faragher-Ellerth Affirmative Defense.
Defense Counsel Journal;  April 1, 2001 ;     700+ words ......unless the employer can establish an affirmative defense. The Court...What is the affirmative defense made available to employers? Faragher...prongs of the affirmative defense--the obligations of employers and employees...

Article: Employers beware: Supreme Court broadens liability for supervisory sexual harassment
Hoosier Banker;  October 1, 1998 ;     700+ words ......taken, the employer may raise a two-part affirmative defense by showing...prong of the affirmative defense requires the employer to prove...employer. Thus the employer cannot establish the affirmative defense (and thus cannot...

Article: Strict policies will protect employers
Business Insurance;  July 27, 1998 ;     700+ words ......subject to an affirmative defense. In turn, the affirmative defense has two components. First, the employer must prove that...harassment. An employer has the ultimate...to invoke the affirmative defense recognized in...will provide an employer with the full ...

Article: Strict policies will protect employers. (Faragher vs Boca Raton and Burlington Industries Inc vs Ellerth US Supreme Court cases)
Business Insurance;  July 27, 1998 ;     700+ words ......subject to an affirmative defense. In turn, the affirmative defense has two components. First, the employer must prove that...harassment. An employer has the ultimate...to invoke the affirmative defense recognized in...will provide an employer with the full ...

Article: Employers liable for harassment
The Journal Record;  June 29, 1998 ;     351 words ......Supreme Court Friday made employers easier targets for lawsuits...Boca Raton, Fla., that employers always are potentially...toward an employee. "An employer is subject to vicarious...is taken, a defending employer may raise an affirmative defense to liability or damages...succeed in ...

Article: Harassment--constructive discharge and the affirmative defense.(LEGAL ISSUES)
Journal of Legal, Ethical and Regulatory Issues;  July 1, 2003 ;     700+ words ......applicability of the affirmative defense when an employee...ability of employers to effectively...ability of employers to effectively...applicability of the affirmative defense when an employee...obstacle for employers attempting to utilize the affirmative ...

Article: Employment law.(affirmative defense to vicarious liability)
Suffolk University Law Review;  March 22, 2009 ;     700+ words ......Faragher-Ellerth affirmative defense to vicarious liability not defined by employer's own sexual-harassment...Faragher-Ellerth affirmative defense: that it acted reasonably...attributable to an employer when the employer...Faragher-Ellerth affirmative defense ...

Article: Supreme Court ruling on harrassment places premium on employer sexual harassment policies
The Enterprise;  July 19, 2004 ;     700+ words ......act," an employer may assert the affirmative defense that it had...and that an employer could defend...raising the affirmative defense. The Supreme...preclude an employer from asserting the affirmative defense. The trial...

Article: Employers Liable For Sexual Harassment By Supervisors, U.S. Supreme Court Rules.
National Underwriter Property & Casualty-Risk & Benefits Management;  July 6, 1998 ;     700+ words ......harassing behavior. Employers are subject to vicarious...misconduct improve an employer's ability to defend...taken, a defending employer may raise an affirmative defense to liability or damages...elements: (a) that the employer exercised reasonable...then be countered by ...

Article: Employers Liable For Sexual Harassment By Supervisors, U.S. Supreme Court Rules
National Underwriter Life & Health-Financial Services Edition;  July 20, 1998 ;     700+ words ......job actions, or if employers don't have knowledge of harassing behavior. Employers are subject to vicarious...misconduct improve an employer's ability to defend...taken, a defending employer may raise an affirmative defense to liability or damages...elements: (a) that the ...

Article: Consult with unions or staff before you retrench; The employer may have urgent reasons for letting staff go.(Workplace)
The Star (South Africa);  September 8, 2008 ;     700+ words ...When an employer considers retrenching employees, full...employees belong to a trade union, the employer is required to consult with that union...ways of avoiding job losses. Should the employer choose not to engage in proper pre-retrenchment...

Article: Non-union workers have few options; Suing your employer is a risky move that sometimes can backfire.(Careers)
The Hamilton Spectator (Hamilton, Ontario);  March 15, 2008 ;     700+ words ......union and they have a dispute with their employer over the terms of their employment that...actually keep going to work but sue your employer for the breach of contract. Sometimes, however, suing your employer can backfire. A man we will call Tony...