Consider the Source: When the Harasser is the Boss
William & Mary Law School
affiliation not provided to SSRN
December 10, 2010
Fordham Law Review, Vol. 79, No. 2, p. 101, 2010
William & Mary Law School Research Paper No. 09-66
In Consider the Source, Susan Grover and Kim Piro argue for a change in the analysis that courts apply to determine whether actionable workplace harassment has occurred. They identify a gap in current doctrine, which allows courts to ignore the status of the harasser as co-worker or supervisor. The authors argue that harassment at the hands of a supervisor is necessarily more severe and pervasive than the same harassment by a co-worker. As a result, they recommend that the harasser's identity as a supervisor or co-worker be treated as a necessary consideration when courts assess whether actionable harassment has occurred.
Number of Pages in PDF File: 23
Keywords: Harassment, Supervisor, Co-Worker, Severe or Pervasive, Harasser, IdentityAccepted Paper Series
Date posted: January 11, 2011
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