What is a Defense for Harassment?

If the employee was aware of the existence of a particular resource but never took advantage of it, this can help you pursue the affirmative defense. 

If your company is facing a sexual harassment lawsuit, you may be exploring options for your legal defense. In truth, there are only a few effective defense strategies for companies that find themselves in this situation. This means that you need to approach this situation in the most efficient and careful manner possible. Failing to defend yourself in court may lead to your company’s reputation being tarnished or even bankruptcy. 

Of course, choosing the right defense strategy is only one piece of the puzzle. You also need to get in touch with a qualified, experienced defense attorney who has a strong understanding of sexual harassment laws. These sexual harassment lawyers can defend your company against allegations, maintaining your reputation and your financial well-being. Book a consultation with one of these Spokane sexual harassment lawyers to get started as soon as possible. 

The Affirmative Defense

The EEOC (1) recognizes that in some cases, employees did everything they could to avoid, prevent, and correct sexual harassment in their workplaces (2). This is a valid defense against lawsuits, but only if employers can prove that they went through several steps. This is often referred to as the “Avoidable Consequences Doctrine,” or more generally the “Affirmative Defense.”

The Three Elements of Affirmative Defense

In order to successfully execute this defense strategy, the employer must prove several things:

• The employer must show that they took reasonable steps to prevent and correct workplace harassment.
• The employer must show that the harassed employee failed to take advantage of the corrective and preventative measures provided by the company – to an unreasonable extent. 
• Finally, the employer must prove that if the harassed employee had taken advantage of these corrective and preventative measures, they would have avoided “some or all” of the harm they experienced. 

Examples of Affirmative Defense

So what might allow you to pursue the Affirmative Defense and achieve success in your lawsuit? Well, your company might have some kind of sexual harassment policy or education campaign. This would suggest that you took certain steps to prevent harassment from happening. You could then show evidence that this program exists during your lawsuit.

Another example could be some sort of resource available to employees who have suffered from sexual harassment in the workplace. Employees might have the ability to call a phone line and report their harassment in an easy way. This phone line might also provide workers with advice on how to deal with their trauma, pursue legal action, and so on. If the employee was aware of the existence of this resource but never took advantage of it, this can help you pursue the affirmative defense. 

Where Can I Find a Washington Sexual Harassment Lawyer Near Me?

If you’ve been searching for Washington sexual harassment lawyers who can help you defend your company, there are many options available. The affirmative defense can be effective – but only when executed by a legal professional. The sooner you get in touch with one of these lawyers, the sooner you can start crafting your defense strategy. Book your consultation today to get started. 

Sources:

1. https://www.eeoc.gov/harassment
2. https://www.eeoc.gov/federal-sector/federal-highlights-3