本文之目的,是希望由對美國最高法院在Crawford v. Nashville一案之判決,對1964年民權法第七章之禁止報復條款作一整體之說明,並根據學術及實務界對該院此一判決結果所做之評析,來探討此一判決之優劣得失及所未能解決之爭議。此外,由於我國目前根據性別工作平等法所建構之防治工作場所性騷擾法制,大體上是師法美國之做法,加重雇主在這方面預防及處理上法律責任,且亦設有免遭報復之條款,因此,對美國經驗所能提供之啟示,亦將一併加以討論,俾便讓雇主在處理此類勞資爭議時,亦得以有所遵循。
The purpose of this paper is to give a comprehensive overview of an important decision rendered by the U.S. Supreme Court in 2009, which concerns employer liability in combating sexual harassment in the workplace. In Crawford v. Nashville, the Court attempts to clarify several controversies arising from the implementation of the anti-retaliation provision contained in Title VII of the Civil Rights Act of 1964. This paper also analyzes the merits and shortcomings of the decision, in addition to several unresolved issues in its aftermath. Furthermore, since Taiwan's Gender Equality in Employment Act of 2002 follows the U.S. model of setting up an anti-retaliation regime in that Act to impose a similar obligation on employers when handling this type of dispute in their work places, this paper also discusses whether the American experience can provide any guidance for Taiwan to deter its local employers from adopting any retaliatory measures when they are processing these disputes.