Harassment Because of Sex: Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) Judgment

Document Type

Book Chapter

Publication Date

2020

Editor(s)

Ann C. McGinley and Nicole Buonocore Porter

ISBN

9781108694643

Publisher

Cambridge University Press

Language

en-US

Abstract

Justice Angela Onwuachi-Willig delivered the opinion of the Court.

This case presents important questions concerning claims of workplace “sexual harassment” brought under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U.S.C. § 2000e et seq. These questions include (1) whether the factual record was sufficiently developed to render decisions on either a quid pro quo claim or a hostile environment claim, (2) whether sexual harassment leading only to psychological harm violates Title VII, (3) whether the “voluntariness” of the complainant’s participation in sexual activity is pertinent in a hostile environment case, (4) whether the complainant’s manner of dress or sexually provocative speech is relevant to determining whether sexual harassment occurred, (5) whether the trial court erred in excluding testimonial evidence from other women who claimed to have been harassed by the alleged wrongdoer and to have seen him harass the complainant; and (6) whether employers are automatically liable for sexual harassment by their supervisory personnel regardless of notice to the employer.

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