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Military versus civilian judicial handling of sexual harassment cases

Article Abstract:

Sexual harassment cases reviewed by the US Court of Military Appeals or other military courts were studied to show how the military handles these complaints differently from the civilian sector and what it might learn from civilian handling of this issue. The military can profitably study the EEOC guidelines and extensive body of civilian case law in developing a sexual harassment clause for the Uniform Code of Military Justice. In the civilian sector, employers can be held liable for sexual harassment. The fact that military law is based on individual responsibility may make it more difficult to develop incentives to prevent this conduct.

Interpretation and construction, Military law

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Title VII liability vs. employee confidentiality: should an employer be liable for failure to act on a sexual harassment claim when the failure is based on the harassee's request for confidentiality?

Article Abstract:

Employer responsibility when an employee complains of sexual harassment but requests no measures be taken for fear of repercussions of disclosure is an issue of sexual harassment law which remains unresolved. In the United States Court of Appeals for the 2d Circuit case of Torres v. Pisano, the employer complied with such a request for confidentiality and the harassee later sued for sexual harassment. The Second Circuit ruled that in this case the employer was not liable and that whether employer liability occurred in such cases depended on the facts.

United States, Employer liability

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Employer liability for sexual harassment extends to schools and universities

Article Abstract:

The US Supreme Court in Franklin v Gwinnett County Public Schools stated that schools and universities have vicarious liability for sexual harassment of students by faculty members. The specific issue was whether a violation of the implied right of action in Title IX of the Education Amendments of 1972 justified a claim for monetary damages. The extension of sexual harassment liability to schools and universities is an important step in the development of this legal doctrine.

Cases, Universities and colleges, Tort liability, Tort liability of school districts, School districts, Tort liability of universities and colleges

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