AHA Human Resources Advisory: Supreme Court Draws Line On Sexual Harassment

By 7-to-2 votes in a pair of cases on the last day of the term, the justices established a two-part test for determining liability when the harasser warned a victim of job consequences for refusing to submit, but then never carried out the threat. In those cases, the majority said an employer would have to show that it used 'reasonable care' to prevent and promptly correct any sexually harassing behavior. And second, the employer must show that the worker unreasonably failed to prevent or correct the harm, for example, by complaining to officials.

Implications for Hospitals and Health Systems

[AHA Human Resources Advisory, July 6, 1998]