Indest reported the incidents. The VP's misbehavior was neither severe nor pervasive. Ultimately, the court did not have to decide that issue, because the employer cannot be held vicariously liable in any event. This case involves alleged hostile environment sexual harassment, without a tangible employment action such as discharge, demotion, or undesirable reassignment. Therefore, it a defense to the employer that Indest promptly complained, the employer promptly responded, and the harassment ceased.
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