Title VII sexual harassment: recognizing an employer's non-delegable duty to prevent a hostile workplace

Article Abstract:

Non-delegable duties principles from agency law should be incorporated into Title VII hostile environment jurisprudence to ensure that employers cannot avoid liability for the actions of their agents, their employees, that create a hostile environment. By focusing on the duties of the employer and the employee, the employer has the incentive to ensure that the workplace is not a hostile environment under sexual harassment law. These principles will also serve to move the focus of Title VII claims away from examinations of the reasonableness of the plaintiffs' responses.

Analysis, Employer liability, Agency (Law)

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"Nothing personal:" individual liability under 42 U.S.C. 1983 for sexual harassment as an equal protection claim

Article Abstract:

Some courts' misinterpretation of constitutional torts under 42 USC 1983 has led to a limitation of sexual harassment remedies which should not have occurred. These courts' requirement of an additional element of "intent" in sexual harassment claims uses a long-rejected theory that plaintiffs can win only if they show defendant's sexual desire for them did not cause the actions. Individual liability under the Equal Protection Clause for sexual harassment by government agents is necessary for complete justice to victims of harassment.

Equality before the law, Equal protection, Constitutional torts

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He said, he said: same-sex sexual harassment under Title VII and the "reasonable heterosexist" standard

Article Abstract:

Bias is often enacted against the defendant in a gay sexual harassment suit when the trier is a non-gay person with heterosexist values. Courts could alleviate this bias by refusing to recognize same-sex sexual harassment as a violation of Title VII. Judges could also be instructed to treat the defendant the same as if the trial's context were a mixed-sex interaction.

Gays, Cases, Sexism

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