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
University of Chicago Legal Forum
hostile work environmental, sexual harassment
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.