ABSTRACT
When an individual experiences sexual harassment through a workplace, she has limited options for recourse. One seemingly promising possibility is bringing a claim against her perpetrator’s employer. But this option – achievable through vicarious liability – has failed to realize its potential. In 1998, the US Supreme Court established a standard to enforce vicarious liability for sexual harassment claims under Title VII. That standard, though, was limited in scope to begin with and has further narrowed over time. Common-law principles also allow courts to hold employers vicariously liable for sexual harassment in tort. But few jurisdictions have adopted those principles to impose vicarious liability on employers, and there is no unified system governing all jurisdictions.
This Note makes the case for expanding vicarious liability for sexual harassment claims, both under Title VII and in tort. Workplace sexual harassment is an epidemic, one which we now know more about than ever before, and one which is in dire need of solutions. Expanding vicarious liability is one such way to address sexual harassment, and now is the time to act. Almost a decade out from the #MeToo movement, its accompanying revelations about work and violence, and its resulting individual accountability, this Note contends that employers must be held accountable, too.
Fotiadis, Kassandra, #EmployersToo: Expanding Vicarious Liability for Sexual Harassment in Title VII and Tort Law (April 4, 2024), Michigan Law Review, volume 123, no 2, Forthcoming.
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