Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, November 10, 1993 TAG: 9311100111
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
"So long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious," Justice Sandra Day O'Connor wrote as the court revived a Tennessee woman's lawsuit against her ex-boss.
The woman, Theresa Harris, said her boss, among other things, had asked her to retrieve coins from his front pants pocket, suggested they go to a motel to negotiate her pay raise and asked if she gained a sales contract by providing sexual favors.
"It's a big win for women," Marcia Greenberger of the National Women's Law Center said. "I don't think the court could have sent a clearer signal that employers have to take sexual harassment in the workplace seriously."
The 9-0 vote emphasized that "sexual harassment is just as much a violation of the law as other forms of discrimination," Greenberger said.
Douglas McDowell, a lawyer who represents an association of employers known as the Equal Employment Advisory Council, said the ruling could lead to more sexual-harassment litigation.
"You might see an increase in claims, but that's not necessarily bad from an employer's standpoint," McDowell said. "We're telling our members to get their anti-harassment policies in place. Having an effective procedure in place may negate an employer's liability for harassment by a supervisor or fellow worker."
The decision comes at a time when complaints of alleged sexual harassment in employment are increasing.
Tuesday's ruling sends Harris' lawsuit back to the 6th U.S. Circuit Court of Appeals, which had ruled that she could not sue her ex-boss, Charles Hardy, because she couldn't prove psychological harm. The appeals court now must decide whether a trial is needed.
by CNB