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9 Mich. J. Gender & L. 1 (2002-2003)
The Customer Is Always Right . . . Not - Employer Liability for Third Party Sexual Harassment

handle is hein.journals/mjgl9 and id is 7 raw text is: THE CUSTOMER IS ALWAYS RIGHT ... NOT! EMPLOYER LIABILITY FOR THIRD PARTY SEXUAL HARASSMENT fea 'B. Vaughn* 1. THE PREVALENCE OF THIRD PARTY SEXUAL HARASSMENT • 5 A. Lawyers. 6 B. Service Industries: Retail Sales and Restaurants • 13 C. Librarians. 14 D. Summary of Findings • 20 II. THE LEGAL RESPONSE TO THIRD PARTY HARASSMENT • 20 A. Basic Sexual Harassment Law • 20 B. Third Party Harassment: Cases and Articles • 30 III. ANALYSIS AND RESOLUTION • 51 A. Should Third Party Harassment Be Actionable? • 51 B. Elements of a Prima Facie Case of Third Party Harassment . 82 CONCLUSION • 87 I was standing in line at the local grocery store, waiting for my regular checker In front of me were two guys, purchasing beer and snack items. Slightly bored, I listened absently to their conversa- tion as I scanned the tabloid headlines. My boredom vanished, however, when I realized that they were hitting on Mary' ask- ing if she were available that evening after work to share beer, snacks and good times. I found myself staring open-mouthed since it was easy to see her wedding band, and I could discern no be- havior of hers that would have invited these comments. Mary smiled tightly while ringing up the sale, and politely declined their offer When my turn came, I incredulously asked her how often this kind of thing happens, and how she deals with it. She replied Professor, University of Washington School of Law. A.B., 1975, Princeton; J.D., 1978, Michigan. The Washington Law Foundation provided financial support for this project. Editor's Note: It is normally the policy of the Michigan Journal of Gender & Law to provide a citation for all text appearing within quotation marks. This article does not adhere to that policy. Author Lea Vaughn provides citation at the end of a paragraph, containing multiple sentences with quoted material, where the cites would be identi- cal throughout the paragraph. Such a format limits redundancy without sacrificing clarity, and reduces the number of footnotes in an overly cited profession. 1. Mary is a pseudonym to protect the privacy of the individual involved.

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