Jamel Blanton was a male employee at a Pizza Hut restaurant operated by Newton Associates, Inc., in
Jamel Blanton was a male employee at a Pizza Hut restaurant operated by Newton Associates, Inc., in San Antonio, Texas. Blanton was subjected to sexual and racial harassment by the general manager, who was female. Newton had a clear, straightforward antidiscrimination policy and complaint procedure. The policy provided that in such a situation, an employee should complain to the harasser's supervisor. Blanton alerted a shift leader and an assistant manager about the harassment, but they were subordinate to the general manager and did not report the harassment to higher-level management. When Blanton finally complained to a manager with authority over the general manager, the employer investigated and red the general manager within four days. Blanton filed a suit in a federal district court against Newton, seeking to impose liability on the employer for the general manager's actions. What is Newton's best defense? Discuss.
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Newtons best defense to Blantons assertion of liability against the employer for its general managers actions is the Ellerth Faragher affirmative defense To establish this defense an employer must show that it has taken reasonable care to prevent and promptly correct any sexually harassing behavior and that the plaintiff unreasonably failed to take advantage of any opportunity provided by the employer to avoid the harm Blanton was subjected to sexual harassment by the general manager …View the full answer
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