Question $5$

$2$ pts

Ms$.$ Smith admitted both that the Eye Center had a sexual harassment policy in place, and that she unreasonably failed to take advantage of its complaint procedures and otherwise to mitigate the harm against her. Why did this not result in the dismissal of her claim against the Eye Center for the allegedly sexually harassing behavior of Dr$.$ Akstein.

Since Dr$.$ Akstein was the President and CEO of the Eye Center, there is no way that the Eye Center could be said not to be aware of his conduct.

As President and CEO of the Eye Center, Dr$.$ Akstein was indisputably within that class of an employer organization's officials who may be treated as the organization's proxy...so that whatever he did could be considered the act of the organization.

both a and $b.$