This Note examines the impact the Faragher and Burlington decisions will have on an employer's liability for hostile environment sexual harassment claims. First, the Note reviews the evolution of sexual harassment law and discusses the standard the Court overturned. The background material also includes a review of the facts surrounding Faragher's sexual harassment lawsuit against the City of Boca Raton. Second, the Note examines vicarious liability and the policy reasons for and against it. Next the scope of the affirmative defense, and its effect on innocent employers, is covered. Finally, this Note provides a practical application of the Faragher and Burlington decisions for employers.
Brian S. Kruse,
Strike One—You're Out! Cautious Employers Lose under New Sexual Harassment Law: Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998),
78 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol78/iss2/7