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United States Ninth Circuit


SWINTON v. POTOMAC CORP., 99-36147

Employer's Ellerth/Faragher defense to sexual harassment does not apply to negligence claims because whether employer had adequate procedures to address harassment is part of the employee's burden of proof in a negligence claim.

Appellate Information

  • Argued 01/09/2001
  • Decided 10/24/2001
  • Published 10/24/2001

Judges

  • McKEOWN, Circuit Judge:, Before:  McKEOWN, W. FLETCHER, and RAWLINSON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Thomas Sullivan (argued), Jenner & Block, Chicago, Illinois, Richard R. Winter, Sarah E. Pace (on the brief), McBride Baker & Coles, Chicago, Illinois, for the defendant/appellant., Jeffrey Needle, Law Office of Jeffrey Needle, Seattle, Washington, for the plaintiff/appellee.
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