Workplace sexual harassment is internationally condemned as sex discrimination and a violation of human rights, and more than 75 countries have enacted legislation prohibiting it. Sexual harassment in the workplace increases absenteeism and turnover and lowers workplace productivity and job...

In this article, I examine the manner in which the lower federal courts have applied the affirmative defense to liability for supervisory sexual harassment, which was articulated by the United States Supreme Court in the 1998 cases of Burlington Industries, Inc. v. Ellerth and Faragher v. Boca...