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Labor/Employment

Oct. 15, 2005

Panel Chips Away at Viability of the 'Equal Opportunity Jerk' Defense

Employment Column - By Arthur F. Silbergeld and Russell A. Wetanson - Bad guys sometimes do finish last. For years, defense attorneys have asserted the notorious "equal opportunity jerk" defense to argue that an alleged harasser who was rude, abusive, or unpleasant to everyone - across race, age, religion, gender and other lines - could not be held liable for harassment because his or her acts were not based on the targeted individuals' protected class or immutable characteristics.


        
        
Employment Column
By Arthur F. Silbergeld
and Russell A. Wetanson
        
        Bad guys sometimes do finish last.
    &...

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