Chapter 4

Employer Liability for Workplace Harassment

Chapter 4 explores when employers are liable for workplace sexual harassment, including employer liability for harassment by supervisors and co-workers.

On this page, you will find relevant cases, scholarship and current developments.

Laws
Cases
The Supreme Court Speaks: Meritor Saving Bank, FSB v. Vinson,  477 U.S. 57 (1986)
In the first Supreme Court on sexual harassment, the Justices ruled in Meritor Saving Bank, FBS v. Vinson,  477 U.S ...
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Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
The Supreme Court first ruled on employer liability in the 1998 case of Faragher v. City of Boca Raton, 524 ...
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Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), a companion case to Faragher, ruled on employer liability for sexual ...
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Pennsylvania State Police v. Suders, 542 U.S. 129 (2004)
In Pennsylvania State Police v. Suders, 542 U.S. 129 (2004), the Supreme Court evaluated the circumstances under which an employee ...
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Crawford v. Metro. Gov’t. of Nashville and Davidson Cnty. Tenn., 555 U.S. 271 (2009)
In Crawford v. Metro. Gov’t. of Nashville and Davidson Cnty. Tenn., 555 U.S. 271 (2009), the Supreme Court offered guidance ...
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Scholarship
John H. Marks, Smoke, Mirrors, and the Disappearance of “Vicarious” Liability: The Emergence of a Dubious Summary-Judgment Safe Harbor for Employers Whose Supervisory Personnel Commit Hostile Environment Workplace Harassment
John H. Marks, Smoke, Mirrors, and the Disappearance of "Vicarious" Liability: The Emergence of a Dubious Summary-Judgment Safe Harbor for ...
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Joanna L. Grossman, The First Bite Is Free: Employer Liability for Sexual Harassment
Joanna L. Grossman, The First Bite Is Free: Employer Liability for Sexual Harassment "In June, 1998, the Supreme Court issued ...
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Justin P. Smith, Letting the Master Answer: Employer Liability for Sexual Harassment in the Workplace After Faragher and Burlington Industries
Justin P. Smith, Letting the Master Answer: Employer Liability for Sexual Harassment in the Workplace After Faragher and Burlington Industries ...
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Martha Chamallas, Two Very Different Stories: Vicarious Liability Under Tort and Title VII Law
Martha Chamallas, Two Very Different Stories: Vicarious Liability Under Tort and Title VII Law "This Article takes issue with both ...
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David Benjamin Oppenheimer, Exacerbating the Exasperating: Title VII Liability of Employers for Sexual Harassment Committed by Their Supervisors (1995)
David Benjamin Oppenheimer, Exacerbating the Exasperating: Title VII Liability of Employers for Sexual Harassment Committed by Their Supervisors (1995) "This ...
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Current Developments
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