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Directions in Sexual Harassment Law$
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Catharine A. MacKinnon and Reva B. Siegel

Print publication date: 2003

Print ISBN-13: 9780300098006

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300098006.001.0001

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Employer Liability for Sexual Harassment by Supervisors

Employer Liability for Sexual Harassment by Supervisors

(p.272) 17 Employer Liability for Sexual Harassment by Supervisors
Directions in Sexual Harassment Law

David B. Oppenheimer

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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