Employers and Employees Beware: The Duties Imposed by the Recent Supreme Court Decisions and Their Impact on Sexual Harassment Law

Authors

Jill Kreisberg, Benjamin N. Cardozo School of Law

Abstract

The comment examines the Supreme Court's decisions in Faragher and Burlington Industries, which clarified employer liability for sexual harassment by supervisors under Title VII. The Court established that employers are vicariously liable for supervisor harassment, subject to a limited exception if the employer can demonstrate reasonable efforts to prevent misconduct and the employee unreasonably failed to utilize corrective measures. These rulings resolved conflicting lower court standards and emphasized the importance of anti-harassment policies and procedures to address workplace harassment effectively.

Disciplines

Environmental Law | Law | Law and Gender

Recommended Citation

Jill Kreisberg, Employers and Employees Beware: The Duties Imposed by the Recent Supreme Court Decisions and Their Impact on Sexual Harassment Law, 6 Cardozo J. Equal Rts. & Soc. Just. 153 (1999).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol6/iss1/7