M Civ JI 105.24 Employment Discrimination - Hostile Environment Sexual Harassment - Employer Liability

When I said the employer must be legally responsible, I mean the plaintiff must prove that the employer (1) had adequate notice that plaintiff was subjected to sexual harassment, and (2) failed to take prompt and adequate remedial action which reasonably served to prevent future harassment of the plaintiff, and (3) further sexual harassment of plaintiff occurred as a result of the employer’s failure to take adequate remedial action.

Comment

Radtke v Everett, 442 Mich 368 (1993); Chambers v Trettco, Inc., 463 Mich 297 (2000).

History

Added June 2006.