Determined the right to sue for civil rights remedies under VAWA and the power of Congress to enact VAWA. The decision was overruled, in part, by the Supreme Court's decision in U.S. v. Morrison.
Full Case Title:
- Fairness in the Courts
- Violence Against Women and Girls
Legal Momentun's Role:
- Authored Amicus Brief
Summary of the Case
The plaintiff in this case brought a Violence Against Women Act ("VAWA") civil rights claim and various state law claims against her former employer, a small bottling company, and some other employees based on sexual harassment at work and a sexual assault by another employee. The defendants filed a motion to dismiss on various grounds, including that the civil rights remedy was not constitutional.
Our Role in the Case
Legal Momentum's brief argued that the VAWA civil rights remedy is constitutional.
In January 1998, the court upheld the constitutionality of the civil rights remedy. The United States Supreme Court later ruled in United States v. Morrison that, contrary to the decision in this case, the VAWA civil rights remedy is unconstitutional.