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When a plaintiff sues, alleging a supervisor subjected them to a hostile work environment, the defendant may avoid liability — even if the harassment actually occurred — if it took prompt remedial action to protect the plaintiff. Also, if a plaintiff fails to take advantage of corrective opportunities the defendant provides, the defendant wins.
But not always.
If an employee who has already complained believes that bringing another harassment complaint would be futile, or it becomes evident that the employer has no real intention of stopping the harassment, the harassed employee need not go through the wasted motion of