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G FaragherEUerth Principles Also Apply
Is There Liability to ByStanders Who Observe Sexual Harassment? 45
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10th Cir 2d Cir 7th Cir accused acts affd affirmative defense AGCO alleged harasser alleged sexual anti-harassment policy attorney attorney-client privilege cert City co-workers complaint procedure constitute constructive discharge consumer report Corp court found court held decision defendant's denied disclosure discrimination district court EEOC Ellerth and Faragher emotional distress employer establish evidence fact failure Faragher and Ellerth FCRA federal female employees filed Fourth Circuit harasser's harassment complaints hostile environment hostile work environment incidents infliction of emotional investigation issue jury LEXIS liability male O R R I C K offensive plaintiff plaintiff alleged plaintiff failed plaintiffs complaints prevent protected punitive damages quid pro quo reasonable remedial action retaliation Rule sex harassment sexual harassment claim sexual harassment policy summary judgment Supp Supreme Court tangible employment action Title IX Title VII U.S. App U.S. Dist vicarious liability victim violation workplace