At issue in this case are the two elements of the Faragher-Ellerth affirmative defense that Susquehanna County raised. The District Court granted summary judgment in favor of the County, holding that the elements of this defense had been proven as a matter of law. The Third Circuit of the United States Court of Appeals vacated the judgment of the District Court, holding that the elements of the Faragher-Ellerth affirmative defense should be decided by a jury.