2. 1229 (1991) Employer Sexual Harassment Liability under Agency Principles: A Second Look at Meritor Savings Bank, FSB v. Vinson The Supreme Court, in Meritor Savings Bank v. Vinson,29 cited with approval the analogy between racial harassment and sexual harassment employed in Henson. Meritor Savings Bank v. Vinson (1986) was the first case wherein the U.S. Supreme Court addressed sexual harassment in the workplace under Title VII. United States Supreme Court This case presents important questions concerning claims of workplace “sexual harassment” brought under Title VII of the Civil Rights Act of 1964, 78 Stat. MERITOR SAVINGS BANK, FSB v. VINSON ET AL. In sum, Meritor Savings Bank v. Vinson is exactly the kind of case that is troublesome because it embodies the problematic nature of the subjective definition of sexual harassment. Box 128. Meritor Savings Bank v. Vinson. Recommended Citation. UNITED STATES OF AMERICA USA 3 Federal Supreme Court Meritor Savings Bank, FSB v. Vinson In: International Labour Law Reports Online (Meritor Savings Bank v. Vinson, 1986, Harris v. Forklift, 1993) have given shape to the broad parameters of sexual harassment law. Meritor Savings Bank v. Vinson, in which the Court determined that Title VII’s prohibition against sex discrimination in employment encompassed sexual harassment based on a hostile work environment theory. at 21 (quoting Meritor Sav. Following that approach, every Court of Appeals that has considered the issue has held that sexual harassment by supervisory personnel is automatically imputed to the employer when the harassment results in tangible job detriment to the subordinate employee. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT [June —, 1986] JUSTICE MARSHALL, concurring. Rights Act (Title VII) in Meritor Savings Bank, FSB v. Vinson, the Court relied on "language prohibiting discrimination with re-spect to the 'terms, conditions, or privileges of employment,'" with particular emphasis on the word "conditions. 1991); Andrews v. City of Philadelphia, 895 F.2d 1469 (3d Cir. psfs savings bank, fsb, petitioner 06/21/85 - cert. § 4311(a) (2006)). 1990). INTRODUCTION The landmark holding of Meritor Savings Bank v. Vinson' has re- ceived considerable attention in the public media2 and in legal publica- tions.8 Vinson is correctly perceived as a seminal case in the law of … Supreme Court of United States. This decision has broad implications for arbitration decisions with respect to credibility, the degree to which the conduct must be offensive to be actionable, and the responsibility of employers 1986). 84-1979. Argued March 25, 1986 Decided June 19, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 58*58 F. Robert Troll, Jr., argued the cause for petitioner. Meritor Savings Bank v. Vinson (1986) was the first case in which the United States Supreme Court considered whether an employer could be held vicariously liable for sexual harassment. [6] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. 44 Vand. Meritor Savings Bank v. Vinson, 477 U.S. 57, 63-68 (1986); Rabidue v. Osceola Refining Co., 805 F.2d 611, 619-20 (6th Cir. cert. I In 1974, respondent Mechelle Vinson. Southwestern Savings and Loan Assn., 509 F.2d 140 (CA5 1975); Anderson v. Methodist Evangelical Hospital, Inc. , 464 F.2d 723 (CA6 1972). With him on the briefs wereCharles H. Fleischer and Randall C. Smith. 2 See Ellison v. Brady, 924 F.2d 872 (9th Cir. mechelle vinson, et al. See Lori A. Tetreault, Annota tion, Liabi lity of Empl oyer, Under Title VII of Civil Rights Act of 1964 (42 U.S.C.A. 4. The trial court held that Vinson was not a victim of sexual harassment because of the “voluntariness” of her participation in the repeated sexual incidents. 4. hold for vb. Although Meritor did not occur in a school context, it should be of interest to educators at all levels, because the Court established criteria for judging claims that relate to a hostile work environment. dissent. Bank v. Vinson, 477 U.S. 57, 65, 67 (1986)). b. Faragher v. Supreme Court Decisions – the case called Meritor Savings Bank, FSB v. Vinson to endorse broadly the EEOC’s guidelines on sexual harassment. a. Burlington Industries v. Ellerth – the employee accused her supervisor of quid pro quo harassment. The plaintiff brought an action against her former employer, claiming that while she was employed at the bank, her supervisor sexually harassed her when he made repeated 3 Rabidue v. v. Vinson, 477 U.S. 57 (1986). [8] Patricia J. Barry argued the cause for respondent Vinson. The phrase ‘terms, conditions, or privileges of employ-ment’ evinces a congressional intent ‘to strike at the entire v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ET AL., Respondents. [5] MERITOR SAVINGS BANK, FSB v. VINSON ET AL. MERITOR SAVINGS BANK, FSB, PETITIONER v. MECHELLE VINSON ET AL. Two types of sexual harassment are recognized: quid pro quo harassment and hostile work environment harassment. Meritor Savings Bank, FSB, v. Vinson et al. The first is relatively straight forward, benefit or Id. In that case, the Court rejected the employer’s contention that an employer would be insulated from liability for sexual harassment by “the mere existence of a grievance procedure and a policy against discrimination, As we made clear in Meritor Savings Bank, FSB v. Vinson, 477 U. S. 57 (1986), this lan-guage “is not limited to ‘economic’ or ‘tangible’ discrimina-tion. g d jurisdictional statement n post di s aff merits fiev aff motion g d no. 2 See Ellison v. 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