A Unified Approach to Causation in Disparate Treatment Cases: Using Sexual Harassment by Supervisors as the Causal Nexus for the Discriminatory Motivating Factor in Mixed Motives Cases
Margaret Ellen Johnson
University of Baltimore - School of Law
Wisconsin Law Review, Vol. 1993, p. 231, 1993
This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.
Number of Pages in PDF File: 29
Keywords: sexual harassment, Title VII, Civil Rights Act, employment law, labor law, burden of proof, supervisors
JEL Classification: K19, K31, K40Accepted Paper Series
Date posted: January 24, 2009 ; Last revised: January 29, 2009
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