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· 2/26/1985

Vera Horn v. Duke Homes, Division of Windsor Mobile Homes, Inc.

Citations

  • 755 F.2d 599
  • 1985 U.S. App. LEXIS 29315
  • 36 Empl. Prac. Dec. (CCH) 35,056
  • 37 Fair Empl. Prac. Cas. (BNA) 228

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying respondeat superior liability notwithstanding the fact that the conduct served no legitimate purpose of the employer
  • endorsing strict liability as the appropriate incentive level prior to Meritor
  • “But for Horn’s womanhood, [her supervisor] would not have demanded sex as a condition of employment.”
  • “damages are-determined by measuring the difference between actual earnings for the period and those which' [the plaintiff] would have earned absent the discrimination by defendant”
  • \[S]ex discrimination can best be eradicated by enforcing a strict liability rule that ensures compensation for victims and creates an incentive for the employer to take the strongest possible affirmative measures to prevent the hiring and retention of sexist supervisors.\
  • “[S]ex discrimination can best be eradicated by enforcing a strict liability rule that ensures compensation for victims and creates an incentive for the employer to take the strongest possible affirmative measures to prevent the hiring and retention of sexist supervisors.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Eschbach, Coffey, Swygert

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.