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The Objectives of Sexual Harassment Law, with Application to 1998's Ellerth, Oncale, and Faragher Decisions

Author

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  • Eric Rasmusen

    (Indiana University, Kelley School of Business)

Abstract

Imposing liability on a company for sexual harassment by supervisors cannot be justified as promoting equality between the sexes, protection of workers, or protection of the owners of the company. Such liability might be justified to prevent breach of contract or behavior offensive to the general public-- a "civility code". The recent Supreme Court ruling in Oncale that same-sex harassment is illegal can be justified on these grounds. The ruling in Ellerth and Faragher concerning employer liability for sexual harassment by supervisors contrary to the employer's interest is less satisfactory because the Court's rule will encourage litigation and defensive bureaucratic complexity.

Suggested Citation

  • Eric Rasmusen, 1999. "The Objectives of Sexual Harassment Law, with Application to 1998's Ellerth, Oncale, and Faragher Decisions," Labor and Demography 9907002, University Library of Munich, Germany.
    • Handle: RePEc:wpa:wuwpla:9907002
    Note: Type of Document - PDF; prepared on NextStation ; to print on ; pages: ; figures: none.
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    More about this item

    Keywords

    sexual harassment; Supreme Court; mandated fringe benefits;
    All these keywords.

    JEL classification:

    • J78 - Labor and Demographic Economics - - Labor Discrimination - - - Public Policy (including comparable worth)
    • J38 - Labor and Demographic Economics - - Wages, Compensation, and Labor Costs - - - Public Policy
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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