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Article Index » race discrimination » harassment
Report Link Company’s Prompt Reaction to Noose Precludes Liability for Racial Discrimination.
Ogletree Deakins - August 26, 2009
When an individual claims to have been racially harassed by co-workers, he or she must show that the employer was negligent either in discovering or remedying the harassment. An employer can avoid liability for co-worker harassment if it takes prompt and appropriate remedial action that is likely to prevent the harassment from recurring. Recently, the 7th U.S. Circuit Court of Appeals analyzed specific actions taken by a company after a noose was found hanging in a workplace, and found those actions to have been sufficient to uphold summary judgment in the company’s favor.
Report Link Seventh Circuit Scolds Lower Court for Excusing Obvious Racial Harassment (pdf).
Vedder Price - April 29, 2005
Reversing summary judgment on a hostile environment claim for the second time in Cerros v. Steel Techs. Inc., No. 03-3701 (7th Cir. Feb. 23, 2005), the U.S. Court of Appeals for the Seventh Circuit expressed concern about a district court’s repeated misunderstanding of the legal threshold for harassment cases.

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