Consider the Source: When the Harasser Is the Boss

November 11, 2010

In Consider the Source, Susan Grover and Kim Piro argue for a change in the analysis that courts apply to determine whether actionable workplace harassment has occurred. They identify a gap in current doctrine, which allows courts to ignore the status of the harasser as co-worker or supervisor. The authors argue that harassment at the hands of a supervisor is necessarily more severe and pervasive than the same harassment by a co- worker. As a result, they recommend that the harasser’s identity as a supervisor or co-worker be treated as a necessary consideration when courts assess whether actionable harassment has occurred.

November 2010

No. 2

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