Jottings By An Employer's Lawyer |
Tuesday, January 31, 2006
Jeopardy Category: Sexual Harassment, $500 Answer: “Because I didn’t.”
In reality, however, when a woman who complains about sexual harassment is thereafter subjected to harassment based on that complaint, a claim that the harassment constituted sex discrimination (because a man who made such a complaint would not have been subjected to similar harassment) will almost always present a question that must be presented to the trier of fact. In such a situation, the evidence will almost always be sufficient to give rise to a reasonable inference that the harassment would not have occurred if the person making the complaint were a man. The difficult task of determining whether to draw such an inference in a particular case is best left to trial. [emphasis added]Given the furor of the last three months, or even the spectacle of the last two days, not at all what you would have expected of Judge, now Justice, Alito's final words on the 3rd Circuit.
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