TX Labor & Employment Law Specialist Practice Questions - Texas Board Certified - Labor & Employment Law Exam

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An employee is subjected to a co-worker's severe and pervasive racial slurs. The employer wants to assert the Faragher/Ellerth affirmative defense. Which fact would DEFEAT availability of that defense?

The harassment culminated in a tangible employment action such as termination The employer published an anti-harassment policy with a complaint procedure The employee unreasonably failed to use the complaint procedure The harasser was a co-worker rather than a supervisor

Correct Answer:

The harassment culminated in a tangible employment action such as termination

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