Strict vicarious employer liability and Faragher-Ellerth affirmative defense removed

Section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5 et seq.) is amended by adding at the end the following: (l) An employer shall be liable for any act of discrimination prohibited under this title (including harassment, intimidation, or retaliation) committed by any of its employees. (m) It shall not be a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title— (1) that an employer exercised reasonable care in attempting to prevent or took corrective action regarding any act of discrimination on the basis of sex (including intimidation, harassment, or retaliation); (2) that adverse employment action was not taken by such an employer; or (3) that an employee affected by that act did not take advantage of preventive opportunities to avoid harm..