IMPLEMENTING THE E.U.'S NEW SEXUAL HARASSMENT DIRECTIVE: ARE EMPLOYERS ENTITLED TO A DEFENSE?

Recent amendments to the Equal Treatment Directive prohibit sexual harassment as an illegal form of discrimination throughout the European Union. In implementing the directive by the October 2005 deadline, policymakers in each member state are to seek an equitable balance between the rights and duties of both employers and employees. Toward that end, member states need to: 1) determine the appropriate standard of employer liability for sexual harassment, and 2) decide what, if any, defenses are available to employers. This article discusses these developments and potential employer defenses.