The sexual harassment claim of a First Union National Bank employee who was subjected to “a barrage of threats and gender-based insults” by her supervisor may proceed to trial even though the supervisor made no sexual advances, the 4th U.S. Circuit Court of Appeals ruled Jan. 19, partially reversing the district court ( Smith v. First Union National Bank, 4th Cir., No. 98-2200, 1/19/00).

The bank’s sexual harassment policy was insufficient to insulate it from vicarious liability for the supervisor’s conduct under prevailing U.S. Supreme Court precedent because that policy narrowly defined sexual harassment as sexual advances or other sexually provocative behavior, Judge Francis D. Murnaghan wrote for the court.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]