Wednesday, October 28, 2009
This month the Columbia Law Review is publishing an article by Professor Noah Zatz (UCLA) in which he exploits the anomaly in Title VII doctrine of employer liability for third-party harassment to develop a new theory of employment discrimination law which relies on the ideas of membership causation and employer responsibility. We have previously posted on this blog about the relationship between reasonable accommodation and anti-discrimination law.
Professor Tristin Green (Seton Hall) criticizes Professor Zatz’s discussion of the applicability of his account to employer liability for the bias of a subordinate. She argues that by failing to distinguish between direct and vicarious liability, Professor Zatz creates a risk that courts will limit employer liability based on considerations of “notice” and “feasibility” even where traditionally strict liability has been imposed.The piece is available in a PDF version, which can be accessed through a link at the bottom of the response. The piece is also currently featured on the Columbia Law Review home page at http://www.columbialawreview.org.
Tristin K. Green, On Macaws and Employer Liability: A Response to Professor Zatz, 109 Colum. L. Rev. Sidebar 107 (2009), http://columbialawreview.org/articles/on-macaws-and-employer-liability-a-response-to-professor-zatz.