Workplace Harassment Law

This treatise provides attorneys with comprehensive guidance for bringing or defending a harassment suit. Topics covered include the requirements for bringing a case, administrative remedies, parties involved in a claim, establishment of the causal connection with respect to each of the protected classes, and much more.


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Workplace Harassment Law offers valuable guidance from seasoned practitioners, providing the comprehensive coverage that attorneys need when bringing or defending a workplace harassment suit. It examines the nuts and bolts of the law, including the requirements for bringing a harassment suit, whether it is based on gender, race or color, national origin, religion, age, disability, association, or proximity, as well as the determination of employer liability once harassment is shown. It also explores timeliness and the timely exhaustion of administrative remedies; the parties involved; and the establishment of the causal connection, one of the most important requirements of a harassment claim. 


The treatise provides a thorough examination of actionable forms of harassment, discussing:

  • Tangible employment actions alleged to result from harassment
  • Hostile work environments caused by conduct so severe or pervasive that it creates an environment that any reasonable person would find hostile, or that the plaintiff perceives as creating a hostile work environment
  • Criteria used to determine whether the harassment creates a work environment so intolerable that any reasonable person would quit

It also reviews the different facets of employer liability, analyzing:

  • Quid pro quo cases, in which an employer is automatically liable for harassment by a supervisor
  • Employer liability for harassment culminating in a tangible employment action
  • Vicarious liability for hostile work environments, and the ways to reduce or avoid liability
  • Employer negligence—the most commonly invoked theory of employer liability


Part I - Overview

  • The Evolution of Workplace Harassment Law

Part II - Timeliness of Claims

  • Exhaustion of Administrative Remedies, a Prerequisite to Litigation; Statute of Limitations and Equitable Doctrines

Part III - The Parties

  • Who is Subject to Suit; Who is Eligible to Sue; The Alleged Harasser as Defendant; The Alleged Harasser as Plaintiff

Part IV - The Causal Connection

  • Harassment Because of Gender, Race or Color, National Origin or Alienance, Religion, Age, Disability, or Association; Bystander Harassment; Retaliation for Opposing Harassment and Harassment Because of a Protected Activity; Harassment Not Because of a Protected Basis

Part V - Harassment Culminating in a Tangible Employment Action or a Hostile Work Environment

  • Actions That Constitute a Tangible Employment Action; Harassment Objectively and Subjectively Severe or Pervasive; Harassment Creating a Constructive Discharge

Part VI - Employer Liability

  • Harassment Culminating in a Tangible Employment Action; Harassment, By Employer or Employer's Proxy or Alter Ego, Creating a Hostile Environment; Harassment By Supervisors Creating a Hostile Environment, and the Employer's Affirmative Defense; Liability in Negligence for Harassment, By Supervisors, Coworkers, or Nonemployees, Creating a Hostile Environment

Part VII - Other Sources of Federal Law Creating Rights and Obligations Regarding Workplace Harassment

  • EEOC Investigation and Enforcement; Harassment Claims Under Other Federal Laws, State FEP Statutes, Common Law, and Criminal Law; Harassment Issues Arising Under Collective Bargaining Agreements

Part VIII - Special Issues in Harassment Litigation

  • Expert Witnesses and Special Evidentiary Issues; Injunctive Relief; Monetary Relief; Attorney's Fees and Costs


  • Directory of Website Sources; Appendix: Policy Against Sexual Harassment and Other Workplace Harassment

Table of Cases / Index



Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Barbara T. Lindemann is formerly Of Counsel at Seyfarth Shaw, Los Angeles, CA.

David D. Kadue is a partner in Seyfarth Shaw, Los Angeles, CA.


View full tables of contents and read the book’s preface or introduction.