Selected recent developments in EEO law: the Civil Rights Act of 1991, sexual harassment, and the emerging role of ADR
Article Abstract:
The Civil Rights Act of 1991 extends the reasons for jury trials of employment discrimination claims, the compensatory and punitive damage awards available and the expert witness costs and legal fees to be paid by the losing party. The law also increases the chances of litigation in general, affording employers ample incentives to seek alternative means of dispute resolution. Another development in employment discrimination law is the increase in sexual harassment claims concomitantly with the rising number of women in the work force.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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Examining the relationship between Title VII's sexual harassment prohibitions and the First Amendment's free speech provisions: is there a conflict?
Article Abstract:
Verbal sexual harassment is not constitutionally protected free speech because it does not serve the public interest. However, complaints about being sexually harassed may implicate public interests and therefore would be protected under the First Amendment. Such complaints would not be protected if they are found to serve only private rather than public interests. The content, form and context of the complaint determine whether any public interest is served thereby.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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An actionable condition of work-related sexual harassment
Article Abstract:
Plaintiffs must show that they were targets of unwelcome, gender-based sexual harassment that was severe enough to adversely impact their job performance and psychological health to have an actionable claim. The reasonable person or reasonable victim standard is used to determine the conduct's severity. Employers can be held liable for the conduct of one of their employees if there is a legal basis for attributing such liability to an employer.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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