California, United States of America
The following excerpt is from Aber v. Comstock, 151 Cal.Rptr.3d 589, 212 Cal.App.4th 931 (Cal. App. 2012):
The defense is that set forth in Faragher v. City of Boca Raton (1998) 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662, which held that in an action by an employee, the employer can assert as an affirmative defense that the employee unreasonably failed to take advantage of preventative or corrective opportunities provided by the employer. (See also State Dept. of Health Services v. Superior Court (2003) 31 Cal.4th 1026, 10381039, 6 Cal.Rptr.3d 441, 79 P.3d 556 [analyzing the defense].)
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