Law Commons^™

Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur

Hofstra Labor & Employment Law Journal

No abstract provided.

Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager

Hofstra Labor & Employment Law Journal

No abstract provided.

The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould

Michigan Journal of Gender & Law

On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …

How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew

Cleveland State Law Review

This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …

Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison

Oklahoma Law Review

No abstract provided.

Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison

Oklahoma Law Review

No abstract provided.

"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith

University of Michigan Journal of Law Reform

A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …

The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum

Hofstra Labor & Employment Law Journal

No abstract provided.

Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet

Michigan Journal of Gender & Law

This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …

The Forgotten Interest Group: Reforming Title Vii To Address The Concerns Of Workers While Eliminating Sexual Harassment, Hannah K. Vorwerk

Vanderbilt Law Review

Since 1980, Equal Employment Opportunity Commission ("EEOC") guidelines have made employers liable for harassment perpetrated by their agents and supervisory employees, and, in some cases, for harassment occurring between co-workers in their employ. In 1991, Congress amended Title VII (the "Act") to provide compensatory and punitive damages for victims of sexual harassment. The increased damages heightened the stakes in lawsuits concerning employer liability for sexual harassment, and thus provided increased incentives for employers to implement sexual harassment policies and to discipline harassers.

The extant EEOC guidelines already had defined sexual harassment broadly to include "verbal or physical conduct of a …

Hooters: Should There Be An Assumption Of Risk Defense To Some Hostile Work Environment Sexual Harassment Claims?, Kelly C. Timmons

Vanderbilt Law Review

In 1993 several former waitresses at the restaurant "Hooters" sued the chain for sexual harassment. The lawsuits alleged that Hooters established a work environment in which its customers felt free to make sexual comments and advances to its waitresses.' Examples of the offensive nature of the work environment included the name of the restaurant ("Hooters," a slang term for women's breasts) and the sexually provocative uniforms the waitresses were required to wear. Responses to the lawsuits varied widely. Some individuals took the view that Hooters should be found liable for the sexual harassment of its waitresses by its customers, while …

Using Agency Principles For Guidance In Finding Employer Liability For A Supervisor's Hostile Work Environment Sexual Harassment, Glen A. Staszewski

Vanderbilt Law Review

Title VII of the Civil Rights Act of 1964, as amended 'Title VII," prohibits sexual harassment in the workplace.' The courts have created two categories of sexual harassment. The first, quid pro quo sexual harassment, occurs when a supervisor requires sexual consideration from an employee in exchange for job benefits. The second, hostile work environment sexual harassment, occurs when an employee is subjected to unwelcome sexual harassment that affects a term, condition, or privilege of employment. The victim must prove that the harassment is sufficiently severe or pervasive to alter the conditions of hers employment and create an abusive working …

Third-Party Sexual Harassment In The Workplace: An Examination Of Client Control, David S. Warner

Hofstra Labor & Employment Law Journal

No abstract provided.

Employer Liability For Hostile Environment Sexual Harassment Based On A Single Occurrence, Francis Achampong

Hofstra Labor & Employment Law Journal

No abstract provided.

Verbal Sexual Harassment As Equality-Depriving Conduct, Keith R. Fentonmiller

University of Michigan Journal of Law Reform

Part I of this Note argues that commentators like Browne and some courts have mischaracterized the harm of verbal sexual harassment as mere "offense." Rather, the true harm of a sexually hostile environment created by words and expressive conduct extends beyond offense, emotional distress, and economic displacement; at bottom, the harm is equality-deprivation.

Part II explains how a sexually hostile environment is equality-depriving by arguing that words which create a sexually hostile environment must be understood in historical and social context. Words can be used not only to communicate ideas but also to perform acts of coercion and sexual abuse. …

Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance

Hofstra Labor & Employment Law Journal

No abstract provided.

Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline

American University Law Review

No abstract provided.

Labor Law—Employment Discrimination—Employer May Be Held Liable For Hostile Work Environment, Frances Scroggins

University of Arkansas at Little Rock Law Review

No abstract provided.

Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams

West Virginia Law Review

No abstract provided.