Richard A. Posner / Court's harassment decision a disappointment - Press of Atlantic City: Commentary

Richard A. Posner / Court's harassment decision a disappointment

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Posted: Saturday, June 29, 2013 12:01 am

Vance v. Ball State University, decided by the Supreme Court this week, concerns an employer's liability, under federal civil rights law, for sexual or racial harassment of one employee by another. If the harasser is just a co-worker of the victim, the employer is liable only if the employer's own negligence contributed to the harassment. But if a harasser is a supervisor, the employer may be liable even if it has done nothing negligent. Yet what is a "supervisory" employee?

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