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Statutory rape is never "welcome" sexual harassment
July 28, 2006 by Ross Runkel at LawMemo
Say a 16-year-old girl voluntarily has sex with her supervisor and then claims sexual harassment in violation of Title VII. Can the employer get off the hook because the sex was "welcome"?
It's important to know, because the usual definition of sexual harassment involves "unwelcome" sexual advances.
The 7th Circuit says there should be a bright line. Look to the law of the state where the girl was employed and see if she was below the age of consent. If she was, then it's automatic. She cannot "welcome" the sexual advances of an older man.
Doe v. Oberweis Dairy (7th Cir 07/28/2006)
Jane Doe's claim has to jump some more hurdles. The case simply reversed a trial court's grant of summary judgment for the employer. Jane still has to prove her facts. Even if she can prove harassment by the supervisor, she has to connect that to her employer (which could be a little difficult because the supervisor wasn't really a full-blown supervisor). Also, the 7th Circuit suggested that her damages might be reduced because she was a willing participant.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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