Vicarious liability for hostile environment sexual harassment: examining the implications of the Ellerth and Faragher decisions

Article Abstract:

The Supreme Court established the vicarious liability of employers for the hostile sexual atmosphere fostered by their managerial personnel in two sexual harassment cases in 1998, Burlington Industries v. Ellerth and Faragher v. City of Boca Raton. However, employers can raise as an affirmative defense the failure of the plaintiff-employee to notify it of the hostile atmosphere and to take advantage of corrective opportunities. Employers' anti-harassment policies must accommodate these new holdings.

United States, Employer liability, Affirmative defenses

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Same sex sexual harassment: the implications of Oncale v. Sundowner Offshore Services

Article Abstract:

The US Supreme Court relied on its decision in Harris v. Forklift Systems to clarify its same sex-employment sexual harassment criteria set out in Oncale v. Sundowner Offshore Services. The criteria for same sex harassment was extended from opposite sex-employment sexual harassment. The Oncale decision did not resolve, however, same sex heterosexual harassment issues.

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Resolving the legality of same-sex sexual harassment: the case of Oncale v. Sundowner Offshore Services, Inc

Article Abstract:

The US Supreme Court in Oncale v. Sundowner Offshore Services held that same-sex sexual harassment is actionable under Title VII. The Court's decision resolved the theoretical issue of same-sex harassment. The courts of original action still must determine if the harassment is based on the victims' sex.

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