As a result, the court of appeals vacated the judgment on the ground that defendant was not entitled to the Faragher/Ellerth affirmative defense as a matter of law, and it was necessary to look to the facts and circumstances to determine whether, by not pursuing other avenues seemingly provided in defendant’s sexual harassment policy, plaintiff unreasonably failed to take advantage of the employer’s preventative measures.
The matter was remanded for further proceedings as plaintiff presented genuine issues of material fact with respect to her hostile work environment, age, and retaliation claims.
Related Resources:
- Full Text of Gorzynski v. JetBlue Airways Corp., No. 07-4618
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