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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

29 Pages Posted: 24 Jan 2009 Last revised: 29 Jan 2009

Margaret Ellen Johnson

University of Baltimore - School of Law

Date Written: 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.

Keywords: sexual harassment, Title VII, Civil Rights Act, employment law, labor law, burden of proof, supervisors

JEL Classification: K19, K31, K40

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: https://ssrn.com/abstract=1332149

Margaret Ellen Johnson (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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