| name | answer-to-harassment-complaint |
| title | Answer to Harassment Complaint |
| description | Drafts a defendant employer's Answer to a workplace harassment complaint. Responds paragraph-by-paragraph to allegations, asserts Faragher-Ellerth and other affirmative defenses, and follows federal/state civil procedure rules. Use when defending employers at the pleadings phase against Title VII, state FEHA, or other employment harassment claims. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/answer-to-harassment-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | employment |
| language | en |
Answer to Harassment Complaint
Drafts a responsive Answer on behalf of a defendant employer in employment harassment litigation, preserving all available defenses and establishing the client's factual and legal positions.
Prerequisites
Gather before drafting:
- Complaint — all numbered paragraphs, exhibits, referenced documents
- Anti-harassment policies — written policy, training records, complaint procedures, acknowledgment forms
- Investigation file — internal investigation triggered by plaintiff's complaint (or absence thereof)
- Personnel records — plaintiff's employment dates, title, reporting chain, disciplinary history
- Alleged harasser's records — supervisory authority, tangible action authority, employment status
- EEOC charge — filing date, charge scope, right-to-sue letter date
Quick Start
- Mirror complaint caption exactly (court, case number, parties) → title:
DEFENDANT'S ANSWER TO COMPLAINT
- Respond to each numbered paragraph (admit / deny / lack knowledge)
- Assert all applicable affirmative defenses as separately numbered paragraphs
- Add prayer for relief and signature block with certificate of service
Core Workflow
Paragraph-by-Paragraph Responses
For each numbered paragraph use one response:
| Response | When to Use |
|---|
| Admit | Indisputable facts: corporate existence, employment dates, policy existence |
| Deny | False allegations or legal conclusions ("severe," "pervasive," "unwelcome") |
| Lack sufficient knowledge | Plaintiff's subjective experiences, statements outside defendant's presence — use sparingly for facts defendant should know |
Drafting rules:
- Parse compound paragraphs — admit true portions, deny the rest specifically
- Document references: admit existence, deny plaintiff's characterization
- Never blanket-deny paragraphs containing mixed assertions
- Keep responses consistent with documents to be produced in discovery
Affirmative Defenses
Assert each in a separately numbered paragraph. Waiver applies to unpleaded defenses.
