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Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), is a landmark decision of the US Supreme Court.The case arose out of a suit for sex discrimination by a male oil-rig worker, who claimed that he was repeatedly subjected to sexual harassment by his male co-workers with the acquiescence of his employer.
In 1974, at the age of 19, Mechelle Vinson, an African American, [3] was hired as a teller-trainee at the northeast branch of Capitol City Federal Savings and Loan Association in Washington D.C. [4] Vinson reported that by May 1975 her supervisor, Sidney L. Taylor, began what would be 3 years of recurring sexual harassment while in the workplace. [4]
In United States employment discrimination law, McDonnell Douglas burden-shifting or the McDonnell-Douglas burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", [1] that lacks direct evidence of discrimination.
In the sexual harassment example described above, the employer may be held liable for negligent hiring if the harasser had a previous history of harassment. This is because an employer has an obligation to its employees and others who will come in contact with them to provide a safe and productive working environment.
In South Australia, vexatious litigation laws were enacted in the mid-1930s with the Supreme Court Act 1935-1936, following similar laws enacted in Victoria. [7] In 2010 the Rann government acted to strengthen the ability of the courts to act against vexatious litigants by "increasing the range of courts and tribunals that can declare people as ...
A common misconception about workplace harassment is that workplace harassment is simply sexual harassment in the context of a workplace. [10] While sexual harassment is a form of workplace harassment, the United States Department of Labor defines workplace harassment as being more than just sexual harassment. [10] "It may entail quid pro quo ...
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Case history; Prior: 608 F.2d 563 (vacated and remanded): Holding; In a Title VII discrimination claim, the ultimate burden of persuasion remains with the plaintiff throughout the trial; a shift to a defendant's burden is merely an intermediate evidentiary burden requiring the defendant to sustain only the burden of production, not the burden of persuasion.