Tuesday, March 20, 2007

Supreme Court Refuses Review of Sexual Harassment Case

4united_states_supreme_court_112904 The United States Supreme Court decided not to review an interesting sexual harassment case involving a 16-year old, female ice cream scooper. 

The issue in the case was whether a 16 year-old could ever find the sexual advances of an older male employee to be welcome.  Under the Meritor test in sexual harassment law, one of the prongs that must be met involves showing that the sexually harassing conduct was subjectively unwelcome by the victim of the harassment.  The argument here is that legally, because this situation involved a statutory rape under state law, the 16 year-old could not consent and therefore, as a matter of law, the advances were unwelcome.

The case is Jane Doe v. Oberweis Dairy, 04-3680 (7th Cir. July 28, 2006) and here is short summary of the case below via the Daily Chronicle of DeKalb:

The 16-year-old . . . filed a discrimination claim with the Equal Employment Opportunity Commission alleging that she was subjected to inappropriate sexual advances.  A trial judge rejected the claim in part because he found that the girl "welcomed" Nayman's behavior.

The 7th U.S. Circuit Court of Appeals, however, said her views of Nayman's conduct were irrelevant because she is a minor. Her lawsuit against Oberweis could proceed, the appeals court said.

Here is the previous post on this case, with more details, from back in July 2006.

PS

https://lawprofessors.typepad.com/laborprof_blog/2007/03/supreme_court_r.html

Employment Discrimination | Permalink

TrackBack URL for this entry:

https://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8342b5ab253ef

Listed below are links to weblogs that reference Supreme Court Refuses Review of Sexual Harassment Case:

» Round-Up from SCOTUSblog
Here, the AP reports on the Supreme Court's unanimous decision today in the attorneys' fees case, Travelers Casualty & Surety Co. v. Pacific Gas & Electric. In today's Washington Post, Robert Barnes has this article on the two cases argued... [Read More]

Tracked on Mar 20, 2007 9:55:47 AM

» Supreme Court Declines Sexual Harassment Case from New Jersey Employment Law Blog
The Supreme Court has declined to review a sexual harassment case filed by a 16 year old girl who was employed as an ice cream scooper. Summary by the Workplace Prof Blog here. The issue was whether the girl could... [Read More]

Tracked on Mar 20, 2007 1:35:01 PM

Comments

neither the AP article nor this post make it clear what was the result of SCOTUS's refusal to hear the case. Can Jane Doe now continue with her sexual harassment claim or has it been thrown out?

Posted by: Lyle | Mar 26, 2007 6:51:00 PM

Post a comment