Class 16 Harassment Review and Tademy英语教案.ppt

Racial HarassmentHarassment Motivated by the Victim’s Race Tademy v. Union Pacific (2008) FACTS PLAINTIFF’S CONTENTION DEFENDANT’S DEFENSE APPELLATE COURT CAUTION Keep distinct in your mind the questions of whether harassment is proven to have occurred, and whether the harasser is someone for whose acts the employer/institution may be held legally responsible…and if so, whether a defense is available to get the employer/institution off the hook (after break) What is the standard for holding employers liable for coworker harassment? Negligence 1. Notice 2. Adequacy of response Next Class Standard for holding employer liable for proven harassment Faragher Lauderdale pp 214-230 (possible) handout * Quid = Legally Blond * Page 200 of book: * T.Ct. and Ct. App—no psychological harm no injury S.Ct: it is enough that the workplace is permeated with discriminatory intimidation ridicule and insult. Don’t need a nervous breakdown. Plaintiff must prove subjectively and objectively hostile or abusive. How to prove? Pp 199 frequency, severity, physically threatening or humiliating or mere offensive utterance, whether it interferes with pltf’s work, whether pschy injury. * Paul does not have subjective Some courts allow third-party victims of harassment to sue * Is hostile environment racial harassment still a problem today? The significance of the noose? What is the standard for appellate court review of trial court grant of summary judgment? How does racial harassment constitute race discrimination violative of Title VII How do courts measure the statutory limitations period in hostile environment harassment cases? How must employers respond to co-worker harassment in order to avoid liability? Trial Courtfederal district in Utah: summary judgment for the defendant—what does that mean? It means that the court concluded that there were no factual issues for the jury to resolve, that even if plaintiff’s substantiated allegations were true, t