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Meritor v. Savings Bank (1986)

Sexual Harassment in the Workplace: Meritor and Beyond July 19, 2011 Fatima Goss Graves Vice President for Education & Employment National Women’s Law Center. Meritor v. Savings Bank (1986).

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Meritor v. Savings Bank (1986)

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  1. Sexual Harassment in the Workplace: Meritor and BeyondJuly 19, 2011Fatima Goss GravesVice President for Education & EmploymentNational Women’s Law Center

  2. Meritor v. Savings Bank (1986) • Plaintiff claimed 40+ instances of sexual conduct occurred with a supervisor over a 3 year period that only ceased when plaintiff began dating a steady boyfriend • Sexual conduct was not a condition to obtain or maintain employment or to obtain a promotion • Supreme Court held: sexual harassment that leads to a hostile or offensive work environment (HWE) violates Title VII, not just quid pro quo sexual harassment

  3. Meritor (cont’d) • Other key features: • Voluntariness of sexual conduct is not a defense; the issue is whether any alleged sexual advances were unwelcome • Trier of fact must look at the totality of the circumstances—including the nature and context of the sexual advances • Employer not automatically liable for supervisor’s conduct under respondeat superior

  4. Harris v. Forklift Systems (1993) • Plaintiff subjected to gender-based insults and unwanted sexual innuendos • Supreme Court held: standard for an actionable hostile work environment—conduct must be severe or pervasive but does not have to lead to injury or psychological harm

  5. Oncale v. Sundowner Offshore Services (1998) • Male plaintiff subjected to harassment by male supervisors; complaints to supervisors received no response; plaintiff eventually quit • Supreme Court held: nothing in Title VII or court precedent excludes same-sex harassment—prior law merely prohibits a hostile work environment

  6. Burlington Industries v. Ellerth (1998) • Plaintiff subjected to 15 months of constant sexual harassment by a supervisor, refused all sexual advances, and did not report conduct • Plaintiff did not suffer any adverse job consequences • Supreme Court held: plaintiff could not state quid pro quo claim because no tangible job consequences; employer could be held vicariously liable under HWE claim

  7. Crawford v. Metropolitan Government of Nashville (2001) • Plaintiff participated in employer’s internal investigation and reported the multiple instances in which a supervisor had sexually harassed her • Plaintiff was subsequently fired • Supreme Court held: prohibition against retaliation extended from employees who report workplace discrimination on their own to include employees who report workplace discrimination during an employer’s internal investigation • Participation in internal investigation considered within the “opposition clause” of Title VII’s anti-retaliation provision

  8. Harris v. City of Baltimore(4th Cir. 2011) • Plaintiff subjected to profane, sexually explicit language, coworkers’ conversations about sexual activity, and provocative pictures of women displayed in her workplace • Fourth Circuit held: critical inquiry is whether the plaintiff’s environment was hostile and not whether conduct was directed at the plaintiff

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