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Overview: The employee refused the unwelcome and threatening sexual advances of a supervisor. She suffered no adverse tangible job consequences because of her refusal of the supervisor's advances. The employee filed suit against the employer alleging a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq. The trial court granted summary judgment in favor of the employer, but the intermediate appellate court reversed. On appeal, the court affirmed that summary judgment was inappropriate and remanded for determination of whether the employee was entitled to relief. The employer was vicariously liable for any actionable hostile work environment created by the supervisor, who had authority over the employee, if it knew or should have known about the conduct and failed to stop it. Because the supervisor took no tangible adverse employment action against the employee, the employer could raise an affirmative defense to liability or damages by asserting that it took reasonable care to prevent sexually harassing behavior and that the employee failed to take advantage of corrective opportunities provided by the employer.

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