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Hostile work environment

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  • Know Your Rights in the Workplace
    Learn more about legal rights of employees, age, race, sex discrimination, sexual harassment, retaliation, and more...

  • Acting Above the Law
    In two landmark cases, Burlington Indus. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that under Title VII, an employer must exercise "reasonable care to prevent and correct promptly any sexually harassing behavior" in order to avoid liability for a sexually hostile work environment.

  • Ethical Considerations in Employment Litigation, ALI-ABA Course of Study
    The problem is that the defendant employer and the alleged harassers or discriminators may not share common legal interests: each may attempt to shift the blame to the other. The Supreme Court's Ellerth and Faragher decisions held that the employer could be vicariously liable when its managers or supervisors caused the hostile work environment. See Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 765 (1998) ("An employer is subject to vicarious liability to a victimized employee for an actionable hostile work environment created by a supervisor with immediate (or successively higher) authority over the employee."); accord Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998) (quoting Ellerth).

  • Wins for Both Sides
    On the other hand, reasoning that hostile work environment claims, by their very nature, involve repeated conduct and are based on the cumulative effect of individual acts, a 5-4 majority held that the limitations period for such claims requires different treatment In such cases, courts may consider acts that occur outside the applicable limitations period when determining liability. Thus, if an act contributing to the hostile work environment claim occurred within the filing period, the entire period of the hostile environment may be considered in determining liability.

  • Harassment in the Workplace, ALI-ABA Course of Study
    This chapter provides an overview of harassment employment law claims under Title VII and Section 1981, with an emphasis on sexual and racial harassment claims, and a briefer presentation of concurrent state civil rights remedies.

  • Sexual Harassment Law: A Brief Introduction for New Practitioners
    A sexually hostile work environment is one in which "discriminatory intimidation, ridicule, and insult . . . [is] sufficiently severe or pervasive as to alter the conditions of a victim's employment."


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