The Faragher/Ellerth defense is a __________ created affirmative defense whereby an employer may avoid vicarious liability by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.

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The Faragher/Ellerth defense system was created under the civil right acts of 1964 in other to defend claims made against the employer. Hence, the system was judicially created.

The Faragher/Ellerth system is intended to defend several workplace claims such as inhabitable or hostile work environment, sexual harassment, assault and so on.

The system allows the employer to prove that a system was already put in place in other to avoid or take care of all the aforementioned claims.

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