SEXUAL HARASSMENT AND THE LAW: COURT STANDARDS FOR ASSESSING HOSTILE ENVIRONMENT CLAIMS

LAWRENCE S. KLEIMAN
DARRIN KASS
YVETTE SAMSON

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DOI: 10.2190/XYGM-9T8F-TVG4-AG63

Abstract

This article reviews case law dealing with sexual harassment claims of hostile environment filed under the Civil Rights Act. The article is intended to provide employers with a better understanding of how the courts adjudicate these types of cases. The information reported in this article was gleaned by reviewing all 28 hostile environment cases decided at the circuit court level during the period of May 2002 to April 2003. The first section of the article identifies the types of evidence plaintiffs need to substantiate their claims of hostile environment sexual harassment. The article concludes with a discussion of the managerial implications suggested by the case law.

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