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9 (E.D. Pa. May 28, 2021) (concluding that an inexpensive jury could discover that the employee’s fear of retaliation was objectively cheap based mostly on proof that the harasser “frequently threatened female employees by telling them that he could hack their computer systems, view their communications, and that he had cameras throughout the office”; asked female employees to spy on each other and had his sister eavesdrop on them; and had informed other feminine staff he would have them fired for being a “walking lawsuit”); Kanish v. Crawford Area Transp. Eight (W.D. Pa. Mar. 26, 2021) (holding that there were materials problems with truth concerning whether or not the plaintiff unreasonably failed to avail herself of preventive or corrective opportunities, the place she feared being fired if she complained about her supervisor; the harasser seen himself as “untouchable” because he was a supervisor and cop; and the human sources supervisor was already aware of the harassment but didn’t take any action, leading the plaintiff to consider that a complaint could be futile).

2012) (concluding that a reasonable jury might find that the plaintiffs did not act unreasonably in failing to report the operations manager’s sexual harassment to different managers the place the harasser repeatedly advised them that other managers were his associates and would not imagine the plaintiffs if they complained). 445-46 (stating that the “nature and diploma of authority wielded by the harasser is an important issue to be thought-about in determining whether the employer was negligent”). 2006) (stating that the employer is liable for coworker harassment if “it failed to have and enforce an inexpensive policy for stopping harassment, or briefly provided that it was negligent in failing to protect the plaintiff from predatory coworkers”); Cerros v. Steel Techs., Inc., 398 F.3d 944, 953 (seventh Cir. 2002) (concluding that an anti-harassment policy was not efficient the place it was not aggressively or totally disseminated, it was not posted in the office, managers weren’t acquainted with it, it was not within the complainant’s personnel file, and the employer’s precise apply indicated a tolerance of harassment or discrimination); Hollins v. Delta Airlines, 238 F.3d 1255, 1258 (10th Cir.

2018) (“While the policy underlying Faragher-Ellerth locations the onus on the harassed employee to report her harasser, and would fault her for not calling out this conduct in order to prevent it, a jury might conclude that the employee’s non-reporting was understandable, maybe even reasonable. 309 As noted earlier in section IV.C.2.b.i, the rules discussed on this section (part IV.C.3) additionally apply in determining whether or not the employer has happy the primary prong of the Faragher-Ellerth affirmative protection. 2001) (stating evidence that the employer has ignored or resisted similar complaints could be adequate to excuse an employee’s failure to make use of the employer’s complaint process); Mancuso v. City of Atlantic City, 193 F. Supp. 8 (S.D. Ga. Feb. 13, 2009) (holding that the plaintiff might introduce evidence of ignored harassment complaints to indicate that her failure to use the union grievance process was reasonable); see additionally Minarsky v. Susquehanna Cnty., 895 F.3d 303, 313 n.12 (3d Cir. 312 See id. at 449 (stating that proof relevant in determining whether or not the employer unreasonably failed to stop harassment would include proof that the employer did not monitor the workplace, that it failed to respond to complaints, that it failed to provide a system for registering complaints, or that it successfully discouraged complaints from being filed); see also Doe v. Oberweis Dairy, 456 F.3d 704, 716 (seventh Cir.

448-forty nine (explaining that an worker can establish employer legal responsibility for nonsupervisory harassment “by displaying that his or her employer was negligent in failing to stop harassment from taking place”). 680, 686 (M.D.N.C. 1997) (holding that a short lived company could also be liable for harassment at a client’s office where the employee complained to the momentary agency and the temporary company made no investigation into or attempt to remedy the scenario). 1999) (concluding that the employee made an effort “to avoid harm otherwise” where she filed a union grievance and did not utilize the employer’s harassment complaint course of since both the employer and union procedures had been corrective mechanisms designed to avoid harm). 2003) (concluding that a jury could find that the employer had constructive data of harassment the place the employer failed to offer satisfactory avenues to complain about harassment); Miller v. Kenworth of Dothan, Inc., 277 F.3d 1269, 1279-80 (11th Cir. 473, 482 (sixth Cir. ”); Ocheltree v. Scollon Prods., Inc., 335 F.3d 325, 334-35 (4th Cir.