Separating Form from Function: Marketing Displays, Inc. v. Traffix Devices, Inc.

Abstract

This paper presents the background and the developing law of sexual harassment of the past thirty years. As women entered the workforce, propelled by the civil rights movement and economic factors, they began jobs that heretofore were the province of men and the first harassment cases appeared. The authors surveys the initiatives of the Equal Employment Opportunity Commission and case law which holds employers responsible for sexual harassment under Title VII of the Civil Rights Act of 1964 to the extent that employers knew of the harassment and failed to act on it, or even when the general work environment was hostile to a reasonable women in that employment setting. The cases clearly put employers on notice of liability including punitive damages, and the author details best practices to avoid claims of workplace sexual harassment.