- Title Pages
- Preface
- Introduction: A Short History of Sexual Harassment
- 1 What Feminist Jurisprudence Means to Me
- 2 Perspective on Sexual Harassment Law
- 3 Alexander v. Yale University An Informal History
- 4 Eradicating Sexual Harassment in Education
- 5 The Ecology of Justice
- 6 Consensual Sex and the Limits of Harassment Law
- 7 Who Says?
- 8 Subordination and Agency in Sexual Harassment Law
- 9 Sexual Labor
- 10 Unwelcome Sex
- 11 Theories of Harassment “Because of Sex”
- 12 What's Wrong with Sexual Harassment
- 13 Sexuality Harassment
- 14 Discriminating Pleasures
- 15 Gay Male Liberation Post Oncale
- 16 The Rights of Remedies
- 17 Employer Liability for Sexual Harassment by Supervisors
- 18 Sex in Schools
- 19 Nooky Nation
- 20 Damages in Sexual Harassment Cases
- 21 The Speech-ing of Sexual Harassment
- 22 The Collective Injury of Sexual Harassment
- 23 Sexual Harassment and the First Amendment
- 24 The Silenced Workplace
- 25 Pornography as Sexual Harassment in Canada
- 26 Free Speech and Hostile Environments
- 27 Slavery and the Roots of Sexual Harassment
- 28 The Racism of Sexual Harassment
- 29 Coercion in At-Will Termination of Employment and Sexual Harassment
- 30 Public Rights for “Private” Wrongs
- 31 Why Doesn't He Leave?
- 32 Dignity, Respect, and Equality in Israel's Sexual Harassment Law
- 33 Dignity or Equality?
- 34 French and American Lawyers Define Sexual Harassment
- 35 Sexual Harassment in Japan
- 36 The Modesty of Mrs. Bajaj
- 37 Sexual Harassment
- Afterword
- Contributors
- Index
Employer Liability for Sexual Harassment by Supervisors
Employer Liability for Sexual Harassment by Supervisors
- Chapter:
- (p.272) 17 Employer Liability for Sexual Harassment by Supervisors
- Source:
- Directions in Sexual Harassment Law
- Author(s):
David B. Oppenheimer
- Publisher:
- Yale University Press
This chapter discusses the difference in the rules of liability for employers when it enters the area of sexual harassment. Traditionally, and as a general proposition, employers are vicariously responsible for the wrongful acts of their employees, when committed at the work site. However, in cases of sexual harassment, applicants or employees who can describe tangible effects from the harassment, such as loss of employment or the denial of a promotion, may take advantage of the standard rule. Those bringing claims of hostile work environment sexual harassment, on the other hand, are subject to more stringent requirements. Until quite recently, they were required to prove that the employer itself either authorized the harassment, or knew that it was occurring and failed to take appropriate corrective measures.
Keywords: rules of liability, employers, wrongful acts, employees, standard rule, hostile work environment, corrective measures
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- Title Pages
- Preface
- Introduction: A Short History of Sexual Harassment
- 1 What Feminist Jurisprudence Means to Me
- 2 Perspective on Sexual Harassment Law
- 3 Alexander v. Yale University An Informal History
- 4 Eradicating Sexual Harassment in Education
- 5 The Ecology of Justice
- 6 Consensual Sex and the Limits of Harassment Law
- 7 Who Says?
- 8 Subordination and Agency in Sexual Harassment Law
- 9 Sexual Labor
- 10 Unwelcome Sex
- 11 Theories of Harassment “Because of Sex”
- 12 What's Wrong with Sexual Harassment
- 13 Sexuality Harassment
- 14 Discriminating Pleasures
- 15 Gay Male Liberation Post Oncale
- 16 The Rights of Remedies
- 17 Employer Liability for Sexual Harassment by Supervisors
- 18 Sex in Schools
- 19 Nooky Nation
- 20 Damages in Sexual Harassment Cases
- 21 The Speech-ing of Sexual Harassment
- 22 The Collective Injury of Sexual Harassment
- 23 Sexual Harassment and the First Amendment
- 24 The Silenced Workplace
- 25 Pornography as Sexual Harassment in Canada
- 26 Free Speech and Hostile Environments
- 27 Slavery and the Roots of Sexual Harassment
- 28 The Racism of Sexual Harassment
- 29 Coercion in At-Will Termination of Employment and Sexual Harassment
- 30 Public Rights for “Private” Wrongs
- 31 Why Doesn't He Leave?
- 32 Dignity, Respect, and Equality in Israel's Sexual Harassment Law
- 33 Dignity or Equality?
- 34 French and American Lawyers Define Sexual Harassment
- 35 Sexual Harassment in Japan
- 36 The Modesty of Mrs. Bajaj
- 37 Sexual Harassment
- Afterword
- Contributors
- Index