IF YOU'RE NOT PART OF THE SOLUTION, YOU'RE PART OF THE PROBLEM: EMPLOYER LIABILITY FOR SEXUAL HARASSMENT

Abstract

Employer liability is rarely disputed in most claims under Title VII of the Civil Rights Act of 1964. The more routine decisions constituting employment discrimination - hirings, firings, promotions, etc. - are easily attributed to the employer who granted her or his supervisors or agents the authority to make such judgments. Strict liability is the norm and few decisions even address the issue. When the claim of "harassment" was added to the list of possible discriminatory acts, however, employers challenged both the validity of the claim and their own responsibility for it.