Consider the Source: When the Harasser is the Boss

Susan Grover, College of William and Mary

Abstract

This essay identifies a gap in harassment doctrine that biases results in employers’ favor. The current doctrine requires courts to assess the seriousness of harassment, but gives no role in that analysis to the harasser’s identity. Yet harassment at the hands of one’s supervisor is far more harmful than harassment at the hands of a co-equal employee. This essay argues that the doctrine should be corrected to reflect that fact.