OTHER SOURCES

U.S. Supreme Court (1998):  Burlington Industries, Inc. v. Ellerth

U.S. Supreme Court (1998):  Faragher v. City of Boca Raton

In the companion rulings of Ellerth and Faragher, the Court held the defendant employer vicariously liable for sexual harassment by it's supervisor even though the defendant had no actual knowledge of the harassment.   The Court also held that an employer defendant may assert a defense that it exercised reasonable care to prevent and correct and sexually harassing behavior and that the complaining party unreasonably failed to take advantage of such corrective opportunity.

U.S. Supreme Court (1998) Same Sex Harassment: Oncale v. Sundowner Offshore Services. Inc.

The Court upheld the validity of initiating a Title VII claim when the complainant and the alleged perpetrator are of the same sex.  However, the Court noted that the alleged the harassment must be tied to the complainant's gender.

Fourth Circuit Court Ruling of January, 2000: gender-based harassment

Smith v. First Union National Bank

The Fourth Circuit recently ruled that while the plaintiff was not subject to sexual advances or propositions by her supervisor, his repeated remarks that ridiculed and demeaned the status of women created a hostile work environment.  The Court held that the employer's sexual harassment policy was defective since it failed to mention discrimination on the basis of gender.

Shaw:Pittman: February 2000:  Employers Must Review Sexual Harassment Policies in Light Of Recent Fourth Circuit Decision (pdf file):  Analysis of the Smith ruling including tips for employers in the wake of a gender-based harassment standard.

Legal Commentaries on New Employer Standards

EEOC Issues Guidance on Vicarious Liability for Harassment by Supervisors

Liability for Conduct by Supervisors, Managers and Agents

Employment Law Update: Employer Liability for Sexual Harassment by Supervisory Employees

Employers Now Face Much Tougher Liability Laws in Sexual Harassment Cases

What Does It Mean To Have an Effective Sexual Harassment Policy in the Wake of Recent Supreme Court Decisions?

Regulatory Authorities

Equal Employment Opportunity Commission (EEOC) Home Page

EEOC:  Facts About Sexual Harassment

EEOC: Title VII of the Civil Rights Act of 1964

Illinois: Recent Supreme Court Rulings on Sexual Harassment Reviewed

Written by Lawrence Johnson, Associate Chancellor for Affirmative Action, University of Illinois at Springfield.  Mr. Johnson summaries the three main 1998 U.S. Supreme Court decisions in the areas of employer liability. 

General Commentaries on Sexual Harassment:

Sexual Harassment: The Changing Legal Landscape 

This is a comprehensive treatise on law of sexual harassment and its impact on the employer community.  It also includes an analysis of the new standard regarding supervisory and management liability.

Sexual Harassment Defined

Sexual Harassment Policy - Bar Association of San Francisco

Defending Sexual Harassment Class Actions

Nolo: Sexual Harassment Overview

Other Employer Related Issues:  

E-Mail: New Concerns For Employers

The rampant use of e-mail technology raises legal and practical concerns for employers.  This includes sexually suggestive e-mail in the workplace which may be used as evidence in a hostile environment claim.

Plaintiffs in EEO Cases Tripped Up in Technicalities

Failure by the plaintiff  to comply with procedural requirements have invalidated a number of successful sexual harassment verdicts.  

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EXAMPLE POLICY

EXAMPLE COMPLAINT PROCEDURE

OTHER SOURCES