1. Since women could collect for assault and battery for the most severe form of harassment, others argued it should not be included within Title VII. That almost all sexual harassment was by men harassing women was not considered dispositive;Terry Moorehead Dworkin;Theories of Recovery for Sexual Harassment: Going Beyond Title VII, 25 SAN DIEGO L. REV,1988
2. It is based on the power of the employer to control the work environment and failing to control it so that a harassing environment exists. The Court looked to agency law (and the EEOC) to impose liability. For harassing environment cases, the Supreme Court created a safe harbor for employers by allowing them to avoid liability by putting in place procedures to educate about and prohibit such actions;which can be done by coworkers and third parties as well as supervisors, generally requires a repeated pattern
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