Harris v. Forklift Systems, Inc. and hostile environment harassment

Article Abstract:

Sexual harassment in the workplace will always exist but the Supreme Court's decision in Harris v Forklift Systems indicates a reasonable path to finding whether harassment violates Title VII. The court held that for Title VII to be violated reasonable employees would have to consider the work environment hostile or abusive, but that plaintiffs need not show actual psychological harm to bring a case. Companies with proactive policies can probably defeat claims against them based on harassment by a supervisor.

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Sexual harassment and arbitration

Article Abstract:

Collective labor agreements often contain anti-discrimination clauses that include Title VII protections against sexual harassment. These clauses promote stricter sexual harassment rules because the arbitrator often rules for a split award, termination or suspension. Employers are also held liable if they give a supervisory position to someone who later sexually harasses a person below them. The increased liability and tendency of arbitrators to rule against employers encourages preventive policies.

Interpretation and construction, Statistics, Labor arbitration, Collective labor agreements

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Should courts penalize harassment victims who adopt passive coping strategies?

Article Abstract:

Many people subjected to sexual harassment use a passive coping strategy for a variety of reasons, and courts or factfinders should not penalize them. Many people, especially middle-class white girls, learn in childhood not to be as aggressive as boys when dealing with problems. Childhood sexual abuse further encourages passiveness, and an aggressive response does not help in harassment situations nearly half the time. Factfinders should examine many points in determining a victim's veracity.

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