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Sexual Harassment Law

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Author: Carrie Baker

Posted on August 18, 2019September 10, 2019

A Short History of Sexual Harassment Law

Reva B. Siegel, “A Short History of Sexual Harassment Law.” In Directions in Sexual Harassment Law by Catharine MacKinnon and Reva B. Siegel (Yale University Press, 2003).  

Posted on June 22, 1998August 23, 2019

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)

In Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), the Supreme Court ruled on school liability for teacher-student harassment under Title IX.

Opinion.

Posted on June 22, 1999August 23, 2019

Kolstad v. American Dental Association, 527 U.S. 526 (1999)

In Kolstad v. American Dental Association, 527 U.S. 526 (1999), the Supreme Court ruled on when a jury can award punitive damages against an employer.

Opinion.

Posted on January 26, 2009August 23, 2019

Crawford v. Metro. Gov’t. of Nashville and Davidson Cnty. Tenn., 555 U.S. 271 (2009)

In Crawford v. Metro. Gov’t. of Nashville and Davidson Cnty. Tenn., 555 U.S. 271 (2009), the Supreme Court offered guidance on what qualifies as protected activity and retaliation.

Posted on June 14, 2004August 23, 2019

Pennsylvania State Police v. Suders, 542 U.S. 129 (2004)

In Pennsylvania State Police v. Suders, 542 U.S. 129 (2004), the Supreme Court evaluated the circumstances under which an employee might bring a successful constructive discharge case against an employer.

Posted on March 4, 1998January 7, 2020

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) ruled that Title VII prohibits same-sex sexual harassment.

Opinion.

For oral argument: https://www.oyez.org/cases/1997/96-568

Joseph Oncale and his attorneys.

Posted on November 9, 1993August 23, 2019

Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)

In Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), the Supreme Court ruled on whether an employee has to prove that sexually harassing conduct seriously affected their psychological well being in order to win a Title VII case.

Opinion.

Posted on June 26, 1998August 23, 2019

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), a companion case to Faragher, ruled on employer liability for sexual harassment.

Opinion.

Posted on June 26, 1998January 7, 2020

Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

The Supreme Court first ruled on employer liability in the 1998 case of Faragher v. City of Boca Raton, 524 U.S. 775 (1998), a companion case to Burlington.

Opinion.

Plaintiff Beth Ann Faragher (AP Photo).

Personal account of Beth Ann Faragher

Posted on May 24, 1999August 23, 2019

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)

The Supreme Court first addressed peer sexual harassment in education in the 1999 case of Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), ruling that schools may be liable if they are deliberately indifferent to peer sexual harassment.

Opinion.

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