Faragher-Ellerth Provision for Summary Judgment Brief

Summary

This template is a Faragher-Ellerth provision for a summary judgment brief that contains an affirmative defense available to an employer where a supervisor's harassment has not been accompanied by any tangible employment action against the employee. This template includes practical guidance, drafting notes, and alternate clauses. This clause is based on federal law and does not address all potential state law distinctions; thus, if you are litigating a state or local law hostile work environment claim, you should check any relevant state and local laws and standards. If you are litigating in federal court, you should check the relevant federal district and appellate court rulings. For resources on employment litigation, see Employment Litigation Resource Kit. For more information on the Faragher-Ellerth defense and other employment claim defenses, see Harassment Claim Prevention and Defense and Defenses to Employment Claims. For an annotated hostile work environment policy, see Anti-harassment Policy (with Acknowledgment). For information on state laws concerning discrimination, harassment, and retaliation claims, see Discrimination, Harassment, and Retaliation State Practice Notes Chart. For state-specific anti-harassment policy templates, see Discrimination, Harassment, and Retaliation State Expert Forms and Checklists Chart. For information on drafting summary judgment motions in EEO cases and employment litigations, see Summary Judgment Motions for EEO Claims: Drafting and Filing Tips, Summary Judgment Motion Brief Clauses (EEO Cases), and Summary Judgment Motion Checklist (Employment Litigation). See also Summary Judgment Motion Filing and Drafting Strategies for Wage and Hour Class and Collective Actions. Legal Analytics. You may find legal analytics helpful in deciding whether to move for summary judgment. For example, according to data provided by Context, in discrimination law cases, the United States District Court for the Southern District of New York has granted well over 50% of motions for summary judgment since January 1, 2010. Motion for Summary Judgment Decisions in Discrimination Cases Since January 1, 2010—United States District Court, Southern District of New York Source: Context (United States District Court, Southern District of New York). To learn more about Context, click here. Similarly, according to data provided by Context, in discrimination law cases, the United States District Court for the Central District of California has also granted almost 50% of motions for summary judgment since January 1, 2010. Motion for Summary Judgment Decisions in Discrimination Cases Since January 1, 2010—United States District Court, Central District of California Source: Context (United States District Court, Central District of California). To learn more about Context, click here. You can also run a search in Context specific to the judge presiding over your employment discrimination case.