Abstract

http://ssrn.com/abstract=1332149
 


 



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

1993

Wisconsin Law Review, Vol. 1993, p. 231, 1993

Abstract:     
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, K40

Accepted Paper Series





Download This Paper

Date posted: January 24, 2009 ; Last revised: January 29, 2009

Suggested Citation

Johnson, Margaret Ellen, 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 (1993). Wisconsin Law Review, Vol. 1993, p. 231, 1993 . Available at SSRN: http://ssrn.com/abstract=1332149

Contact Information

Margaret Ellen Johnson (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
Feedback to SSRN


Paper statistics
Abstract Views: 502
Downloads: 22

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.390 seconds