Why is it critical your company establishes its own Affirmative Defense?

The Affirmative Defense exists for employers as a means to defend against claims and lawsuits on issues such as Harassment, Discrimination & Retaliation. Without an Affirmative Defense employers are left exposed to unnecessary and increased fines and penalties.

What is the Affirmative Defense?

The Affirmative Defense was the defense articulated in front of the Supreme Court in Faragher v. Boca Raton and Burlington Industries v. Ellerth, both in 1998.

Why it's important...

In order for a company to utilize an Affirmative Defense, proactive steps must be taken to prevent harassing and discriminatory behavior from occurring.

According to the EEOC "employers can prevent and stop this behavior by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains".

empathiHR’s process for building an Affirmative Defense



You must have a policy covering Harassment & Discrimination in the workplace and outline steps for complaints and resolutions.


Communicate the company’s policies and procedures to every employee.



Video based training to expand on policies with tests to prove comprehension.

Quarterly Questionnaire

Reset the clock on claims every 3 months by surveying and documenting employee responses.



Comprehensive reporting to demonstrate your company did everything required to establish its Affirmative Defense.

"Like a safety plan, empathiHR is essential to every business."

Chris Jeans | Co-Founder/Partner

More Than Compliance Training