Wisconsin
How Faragher v. City of Boca Raton applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Wisconsin law recognizes the principles established in Faragher v. City of Boca Raton, which involve employer liability for sexual harassment by supervisors. The state applies a similar standard to evaluate whether an employer should be held liable for harassment that creates a hostile work environment.
In Wisconsin, employers are held strict liability for actions of supervisors that result in sexual harassment, aligning with the principles set forth in Faragher unless they can demonstrate that they took reasonable steps to prevent and promptly correct any harassing behavior.
The court held that the school district could be held liable for the harassment committed by a teacher against a student, reinforcing the strict liability principle for supervisor conduct.
The Commission established that an employer is liable for sexual harassment of employees by supervisors unless the employer takes appropriate remedial action.
The court determined that the employer's failure to act on reports of harassment constituted a violation of the state’s Fair Employment Act.
Wisconsin's approach parallels federal standards under the Equal Employment Opportunity Commission guidelines, particularly regarding strict liability for supervisors. However, Wisconsin law emphasizes a more robust requirement for employers to demonstrate proactive measures against harassment.
Understanding the application of Faragher principles is crucial for the Wisconsin bar exam, particularly in questions related to employment discrimination and employer liability.