Ellison vs. Brady was a landmark sexual harassment case (!990) that set the "Reasonable Woman"
standard (later called the "Reasonable Worker" standard) in sexual harassment law, and has helped to
discount the notion that all sexual harassment is little more than harmless flirting, or all in fun, with
those who complain about it being overly sensitive or histrionic.
Kerry Ellison had been stalked by a coworker, and her complaints to her employers fell on deaf ears.
Her case was tossed out both by the EEOC and a district court, with the harassing behavior being
dubbed an "isolated" incident, and "genuinely trivial." However, this judgement was reached based on
the perspective of people (mostly men) who might not have viewed the defendant's behavior as
damaging or threatening. Ellison took her case to the Court of Appeals, which reversed the decision,
stating:
"We realize that there is a broad range of viewpoints among women as a group, but we believe
that many women share common concerns which men do not necessarily share. For example,
because women are disproportionately victims of rape and sexual assault, women have a
stronger incentive to be concerned with sexual behavior. Women who are victims of mild forms of
sexual harassment may understandably worry whether a harasser’s conduct is merely a prelude
to violent sexual assault. Men, who are rarely victims of sexual assault, may view sexual conduct
in a vacuum without a full appreciation of the social setting or the underlying threat of violence
that a woman may perceive....
We cannot say a matter of law that Ellison’s reaction was idiosyncratic or hyper-sensitive.
We believe that a reasonable woman could have had a similar reaction."
We know much more about sexual harassment now, and the judge's rationale may not be accurate in
describing why sexual harassment can be so damaging--for example, it excludes sexual harassment by
women, and sexual harassment of men, both serious and increasing problems. Still, the judge's
decision was important because it set the "Reasonable Woman" precedent which stipulated that
harassment cases should be evaluated based on the perspective of the harassment or stalking victim.
An harassers saying that they "meant no harm" does not discount the experience of the harassment
target, or any damage that may have occurred because of the harasser's behavior.
In subsequent years, the "Reasonable Worker" standard has been named to include any type of
harassment or stalking regardless of the gender of the victim or harasser. (Might we also add the
"Reasonable Student" standard to cover sexual harassment in education.)
Ellison v. Brady was later made the basis for the movie "Hostile Advances," for Lifetime Television.
Below is the transcript of the U.S. Supreme Court document.
Ellison v. Brady and the "Reasonable Woman" Standard
Movie based on
the case of
Ellison V. Brady
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Sexual Harassment Support
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A support community for anyone who has experienced sexual harassment.
The Reasonable
Woman
Standard