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After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
University of Michigan Journal of Law Reform
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …
Emroch Lecture: Uncertainties In The Law Of Sexual Harassment, Susan Webber Wright
Emroch Lecture: Uncertainties In The Law Of Sexual Harassment, Susan Webber Wright
University of Richmond Law Review
The Emroch Lecture Series was established through the generosity of the late Mr. Emmanuel Emroch, his wife Bertha, and their many friends and associates. The endowment is currently supported by Mr. Emroch's son and daughter-in-law, Mr. & Mrs. Walter Emroch. Mr. Emroch received a B.A. degree from the University of Richmond in 1928 and a J.D. degree from the University of Richmond School of Law in 1931. The Honorable Susan Webber Wright presented this address as the Thirteenth Annual Emroch Lecture on November 12, 1998, at the University of Richmond School of Law.