Melody S. Swenson v. John E. Potter, Postmaster General of the United States of America
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
KOZINSKI, Circuit Judge.
When an employee accuses a fellow employee of sexual harassment, the employer must reconcile competing rights: the accuser’s right to a harassment-free work place and the accused’s right not to be disciplined without fair procedures and sufficient proof of wrongdoing. The employer, too, has a legitimate interest in resolving the dispute with the least possible disruption to its operations and without risking liability if a jury later disagrees with its conclusions. We consider the employer’s options and responsibilities in such circumstances.
I
While the facts…
Also in this document: Dissent.
2Cases cited19 opinions
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Faragher v. City of Boca RatonSupreme Court of the United States · 1998
- Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
- Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
- Clark County School District v. BreedenSupreme Court of the United States · 2001
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3Cited by102 opinions
- Hawkins v. Anheuser-Busch, Inc.Court of Appeals for the Sixth Circuit · 2008
- Helm v. KansasCourt of Appeals for the Tenth Circuit · 2011
- Patricia Campbell v. Edu-HiCourt of Appeals for the Ninth Circuit · 2018
- Arlene Galdamez v. John Potter, Postmaster GeneralCourt of Appeals for the Ninth Circuit · 2005
- Weger v. City of LadueCourt of Appeals for the Eighth Circuit · 2007
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