|
|
-
Lex Mentis - My Life's a Mess and It's All Your Fault ( May 2006 )
A plaintiff in a sexual harassment lawsuit claims her male supervisor sexually assaulted her repeatedly. Discovery reveals, however, a life history of multiple traumas and dysfunctions, including childhood sexual abuse, prior suicide attempts, bulimia, and substance abuse. Another plaintiff, in a national origin discrimination lawsuit, claims to have been harassed or slighted dozens of times over many years on account of his ethnicity. Interviews with his supervisors and co-workers, however, reveal that he has long been suspicious and hypersensitive to even petty slights from others. -
Lex Mentis - Taking Out the Garbage ( May 2006 )
The scenario is all too familiar. A plaintiff in a harassment or discrimination lawsuit puts an "expert" witness on the stand to testify that in his or her opinion, the defendant employer discriminated against the plaintiff, or that a sexually hostile work environment existed, or the employer's policies or procedures were somehow inadequate. Such a witness, often addressed as "Doctor" and with an impressive-sounding resume in tow, usually will impress jurors, who might believe that a form of science must underlay the expert's conclusions. -
Supreme Court Clarifies Application of Faragher/Ellerth Defense Where Employees Claim Constructive Discharge ( May 2006 )
In a significant percentage of sexual harassment cases, the employer's first notice of any problem is after the complaining employee has quit and filed a charge of discrimination with the Equal Employment Opportunity Commission or a state agency. Typically, the employee claims that the very same supervisory conduct that amounted to a hostile environment (and, hence, actionable sexual harassment) also forced the employee to resign. The employee then complains that his or her constructive discharge was a "tangible employment action" that prevents the employer from asserting the now familiar Faragher/Ellerth affirmative defense to liability in instances of supervisory sexual harassment. -
Hey, Good Lookin': Sex Discrimination in Hiring Reps ( March 2006 )
This article examines the issue of using appearance as a hiring criterion and how it could lead to employment discrimination due to physical appearance. Given a new but growing trend to outlaw job discrimination based on appearance, further scrutiny of this practice may be expected. -
Retaliatory Harassment: Actionable? ( March 2006 )
We know that under Title VII of the Civil Rights Act of 1964, an employer is strictly liable if a supervisor creates a hostile work environment, unless the employer has taken prompt remedial action which ends the harassment. But what is the employer's liability when the perpetrators are co-workers and not supervisors and the harassment is retaliatory in nature?
Sponsored Links
