Legal Opinion · Concurring in part, dissenting in part

Jansen v. Packaging Corp. of America

Court of Appeals for the Seventh Circuit

Decided August 12, 1997No. Nos. 95-3128, 96-1361Published

1Concurring in part, dissenting in partDiane P. Wood, Circuit Judge

Today the en banc court establishes two propositions of great importance for all future claims of sexual harassment by a supervisor. First, a majority of judges agrees that both Kimberly Ellerth and Alice Jansen properly preserved all aspects of their claims of sexual harassment in their EEOC filings and district court complaints. (In addition to this opinion, see also opinions of Chief Judge Posner, Judge Flaum, and Judge Easter-brook.) Second, a majority of judges supports a rule under which employers will be liable when their supervisory employees, acting within the scope of their…

2Cases cited60 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  3. Butner v. United StatesSupreme Court of the United States · 1979
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979

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