· 10/20/2003
Walton v. Johnson & Johnson Services, Inc.
Citations
- 347 F.3d 1272
- 2003 U.S. App. LEXIS 21208
- 92 Fair Empl. Prac. Cas. (BNA) 1284
- 2003 WL 22383606
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that employee’s three-month delay in reporting her supervisor’s repeated acts of sexual harassment, including a rape, was sufficient to demonstrate second prong of Ellerth/Faragher defense
- holding that if the plaintiff contends that the sexual harassment resulted in a tangible employment action, then she must show that “there is a causal link between the harassment and the discharge”
- holding that the employee’s perceived fear of retaliation from her harassing supervisor was not credible where he “never told [the plaintiff] that her job was in jeopardy, nor did he threaten her with physical harm”
- finding that the employer’s policy was not defective when it “provide[d] an alternative channel for making complaints other than the harassing supervisor”
- noting that the employer’s inadequate investigation into a complaint is relevant if the substantive measures taken by the employer are not sufficient to address the harassing behavior
- explaining that at a minimum, employers must establish a complaint procedure that encourages victims to report the harassment without having to go to the offending supervisor
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Wilson, O'Kelley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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