iay • March 26, 1998
The Battalion
1G
ismrt decides on harassment cases
roHINGTON (AP) — Two
(jne Court sex-harassment
— a lifeguard abused by her
. isorand a ninth-grade Texas
jn.t lured into an affair by her
t — could provide new rules
jjv m employers can be forced
[j, the victims.
L m | }( .:r hearing arguments today,
art will decide whether em-
c nt j 5 can be held legally respon-
' ^en if they were not aware of
s sconduct.
xual harassment is about
f l ' — the power of a harassing
isor to inflict on a female
■ linate conduct that he could
. npose on any unwilling
n outside of the employment
er ,\t,” lawyers for former Boca
• , Fla., lifeguard Beth Ann
■ ter said in court papers.
| k agher seeks to force the city to
1e 1 mages for harassment by two
'^ IG dsors. She says she was tack-
r apped on the rear end and
P a ! :ted to sexual comments
M her body.
‘ tr ~: the city says it should not be
un esponsible because the two
[■rep;:
men were acting outside the scope
of their duties and city officials did
not know about the conduct.
“In this case, there never has
been a contention that the city au
thorized or ratified the sexually ha
rassing conduct,” the city’s lawyers
said in court papers. The 11th U.S.
Circuit Court of Appeals ruled for
the city.
Faragher had complained to an
other supervisor who told her
there was nothing he could do. The
city had a written sexual harass
ment policy, but the policy was not
circulated and there was no com
plaint procedure.
Faragher also sued the two men
individually, and they were ordered
to pay $10,000 in damages.
The Supreme Court ruled in
1986 that on-the-job sexual ha
rassment is illegal discrimination
if it is severe or pervasive enough
to create a hostile work environ
ment.
The high court also ruled in
1992 that sexually harassed stu
dents can collect damages from
school districts.
But in each case, the court did not
say what standard should be used
for imposing liability on employers.
Alida Star Gebser is asking the
justices to revive her lawsuit against
the Lago Vista Independent School
District in Travis County, Texas, over
a sexual relationship she had with a
teacher in 1992 when she was a 14-
year-old ninth-grader.
Gebser said the man used his
position as a teacher and mentor
to lure her into the relationship,
and she acknowledged she did not
tell her family or school officials
about it.
School officials said they could
not be held responsible unless they
had “actual knowledge” of a risk of
sexual harassment. The 5th U.S.
Circuit Court of Appeals agreed and
threw out Gebser’s lawsuit.
The justices also are hearing ar
guments in April on whether an
employer can be held responsible
for a situation in which job condi
tions were linked to sexual favors, if
the employee did not submit and
suffered no adverse treatment for
the refusal.
ipeachment probe creates anxiety
,, j SHINGTON (AP) - Lawmakers clashed sharply
|) lt ?sday over the prospect of impeachment, with
cra Republicans lining up to approve additional
k j CIe is to investigate President Clinton and Democ-
Ljj cusing the GOP of a “partisan witchhunt.”
L r ^ iois Rep. Henry Hyde, who would oversee any
Lr chment investigation, said Democrats were re-
, in * to ‘‘raw partisan politics,” in an attempt to cre-
adversarial aura” where none existed,
ne Democrats said it wasn’t the chairman of the
ary Committee they were worried about, but
er Newt Gingrich, who has taken a prominent
i the behind-the-scenes GOP planning for any
chment inquiry.
t this point we’re more concerned about Dr.
than Hyde, quipped Rep. Barney Frank, D-Mass.
mocratic sources, speaking on condition of
mity, said Gingrich had spoken two or three times
mice q ie p as t several days with Democratic leader Dick
F trdt about congressional business without
pntlv subject of impeachment planning.
> um ; 2 infighting erupted as lawmakers freely ac-
hcni edged they have no firm information on when
M^/vhether — Independent Counsel Kenneth Starr
Jt > n 8 ibmit a report to Congress citing evidence of im-
iable offenses by Clinton.
The political calculation was
equally uncertain.
Clinton remains high in the pub
lic opinion polls, despite a two-
month battering over alleged im
proper sexual conduct, and most
Republicans have been reluctant to
attack him.
One GOP pollster, Frank Luntz,
stood outside a closed-door meeting
of the GOP rank and file during the
day to hand departing lawmakers a
memo suggesting a change in tactics.
“The season of silence must end,” advised the
memo, although it also said there could be a political
backlash on lawmakers who choose to speak out.
Luntz suggested that Republicans begin to publicly
ask questions such as “what message is Bill Clinton
sending to America?” and “what example is Bill Clin
ton setting for our children?”
At the same time, he advised Republicans: “Do not
talk about ‘resignation’ or‘impeachment.’ Do not even
mention those words, at least not until after Judge Starr
has made his report.”
Precisely when Starr would do so was anyone’s
guess - but that didn’t stop the bickering.
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