23 Pages Posted: 11 Jan 2011
Date Written: December 10, 2010
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.
Keywords: Harassment, Supervisor, Co-Worker, Severe or Pervasive, Harasser, Identity
Suggested Citation: Suggested Citation
Grover, Susan and Piro, Kimberley, Consider the Source: When the Harasser is the Boss (December 10, 2010). Fordham Law Review, Vol. 79, No. 2, p. 101, 2010; William & Mary Law School Research Paper No. 09-66. Available at SSRN: https://ssrn.com/abstract=1737788