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The Trouble With "Bitch": Rethinking The Seventh Circuit's Approach To Causation In Sexist Harassment Cases, Monika Erpelo Novak

Seventh Circuit Review

Does calling a female employee "bitch" constitute harassment actionable under Title VII of the Civil Rights Act of 1964? In 1996, in Galloway v. General Motors Service Parts, the Seventh Circuit concluded that it does not. More recently, in Passananti v. Cook County, the court held that such conduct may indeed violate Title VII.

A plaintiff who brings a Title VII claim is required to prove that she was harassed "because of sex." In both of the above cases, the Seventh Circuit interpreted this causation requirement to mean that the harasser must be subjectively motivated by the plaintiff's …