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Article: Title VII's retaliation jurisprudence: litigation despite Faragher and Ellerth.(sexual harassment claims)
- Article from:
- Defense Counsel Journal
- Article date:
- January 1, 2001
- Author:
CopyrightCOPYRIGHT 2001 International Association of Defense Counsels. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Supreme Court's analysis of hostile work environment and an affirmative defense for employers should be used also in employer retaliation cases
WHETHER because of highly publicized incidents or small-scale awareness programs organized by employers or unions, sexual harassment claims appear to have infinitely multiplied in the last few years.(1) Although this has led to a significant amount of case law, legislation and commentary, there still are areas that the courts and Congress are struggling to define.
The Supreme Court issued two holdings in 1998, Faragher v. City of Boca Raton(2) and Burlington Industries Inc. v. Ellerth,(3) in an effort to ...