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Full-Text Articles in Law

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover Jul 2002

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

Faculty Publications

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far 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 employer …


Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

Contract Rights And Civil Rights, Davison M. Douglas

Faculty Publications

No abstract provided.


Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein Jan 2002

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.