Law Commons^™

License To Harass: Holding Defendants Accountable For Retaining Recidivist Harassers, Kerri Lynn Stone

Akron Law Review

This Article proposes that courts change the way in which they adjudicate Title VII disputes by evaluating the harm avoidance demonstrated by plaintiffs and employers in light of the totality of what each party knew or should have known about the potential harm, and what each party did or could have done to prevent it. Specifically, this Article is premised on the ideas that 1) harassment complaints are, typically, initially dealt with internally; often, an employer will remediate reported harassment by ordering or granting a transfer to separate a harasser and his victim; and 2) many harassers are, in fact …