7th Circuit adds to sex harassment confusion; there now is a cacophony of opinions on liability for supervisors' actions

Article Abstract:

Judges of the US Court of Appeals for the 7th Circuit issued eight different opinions on Aug 8, 1997 on two consolidated sexual harassment cases, Jansen v. Packaging Corp of America and Ellerth v. Burlington Industries. The cases centered on the standards of liability that should be applied to an employer for the actions of a supervisor. Some judges favored application of strict liability while others were less stringent in judging negligence. Other US appellate courts have also issued confusing sexual harassment decisions. The issue probably demands Supreme Court clarification.

Employer liability, Agency (Law)

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Sex stereotyping ruled job bias; 7th Cir. case may expand sexual harassment claims

Article Abstract:

A 1997 7th Circuit employment discrimination decision ruled in favor two teenage boys who claimed that sexual stereotyping of their appearance by other employees constituted a hostile work environment. The plaintiffs maintained the City of Belleville Ill. failed to protect them from hostile male co-workers who perceived the boys to be homosexuals and verbally abused them based on this assumption. The decision has wide implications for other cases of same-sex harassment.

Employment discrimination

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Mitsubishi case alters the rules; EEOC scores a big win in 'pattern and practice' ruling

Article Abstract:

EEOC v. Mitsubishi Motor Manufacturing marks the first use of the pattern-and-practice claim in a sexual harassment case. Long a common tactic in race discrimination cases, the usage here may have lowered the EEOC's burden of proof and made the case harder for Mitsubishi to defend. The court ordered a two-step trial to determine liability, with the individual relief phase coming after the pattern-and-practice one.

Mitsubishi Motor Manufacturing of America Inc.

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