Bobbette M. Blake v. MJ Optical, Inc.

Whether the District Court and the Eighth Circuit erred by imposing on plaintiff the element of “reporting sexual harassment” to management rather than considering the “reporting harassment” as part of the employer’s affirmative defense in Faragher Ellerth, which is available only to those employers who have anti-harassment policies and procedures in place. Whether the District Court and the Eighth Circuit erred by concluding that Ms. Blake was required to report any harassment by the Vice President of Operations who was the highest-ranking management member present at the Company premises on a daily basis. Whether the District Court and the Eighth Circuit erred by concluding that Ms. Blake’s failure to report sexual harassment by the Vice President of Operations constituted an “invitation” where the Company had neither a Company policy or Handbook providing guidance on reporting such harassment or a Human Resources Department or representative.