Recommended Citation

Eric Schnapper, Some of Them Still Don't Get It: Hostile Work Environment Litigation in the Lower Courts, 1999 U. Chi. Legal F. 675 (1999), https://digitalcommons.law.uw.edu/faculty-articles/308

Authors

Eric Schnapper, University of Washington School of LawFollow

Some of Them Still Don't Get It: Hostile Work Environment Litigation in the Lower Courts

Publication Title

University of Chicago Legal Forum

Keywords

hostile work environmental, sexual harassment

Document Type

Article

Abstract

This Article describes how the courts of appeals have decided sexual harassment cases in the five years since Harris v. Forklift Systems, Inc., 510 US 17 (1993). In some circuits, events have unfolded largely as Justice Scalia anticipated: the trier of fact—ordinarily a jury—applies the hostile work environment standard announced in Meritor and elaborated upon in Harris.