Legal Opinion

Melody S. Swenson v. John E. Potter, Postmaster General of the United States of America

Court of Appeals for the Ninth Circuit

Decided November 30, 2001No. 98-16799PublishedCited by 102 opinions

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

  1. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  2. Faragher v. City of Boca RatonSupreme Court of the United States · 1998
  3. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  4. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  5. Clark County School District v. BreedenSupreme Court of the United States · 2001

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3Cited by102 opinions

  1. Hawkins v. Anheuser-Busch, Inc.Court of Appeals for the Sixth Circuit · 2008
  2. Helm v. KansasCourt of Appeals for the Tenth Circuit · 2011
  3. Patricia Campbell v. Edu-HiCourt of Appeals for the Ninth Circuit · 2018
  4. Arlene Galdamez v. John Potter, Postmaster GeneralCourt of Appeals for the Ninth Circuit · 2005
  5. Weger v. City of LadueCourt of Appeals for the Eighth Circuit · 2007

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