Moreover, in gauging the totality of circumstances, lower courts typically focus on some or all of the following four factors: Title VII of the Civil Rights Act of 1964, List of United States Supreme Court cases, volume 477, Hostile Advances: The Kerry Ellison Story, "She said her boss raped her in a bank vault. Taylor told her that his name appeared on the passbook because he was her administrator. . Catharine A. MacKinnon, author of Towards a Feminist Theory of the State, was co-counsel for the respondent and wrote the respondent's brief. Vinson had been fired from her job at Capital City Federal Savings Bank in Northeast Washington when she filed her lawsuit in 1978. The nominal joint tenancy might be viewed simply as an attempted testamentary disposition. Vinson testified that Taylor subsequently invited her out to dinner and, during the course of the meal, suggested that they go to a motel to have sex. Richardson v. District of Columbia, 522 A.2d 1295, 1298 (D.C.1987) (quoting Harrington v. Emmerman, 186 F.2d 757, 761 (D.C. Cir. Trial Transcript, January 13, 1988, Testimony of Emma Dade, at 80. In it, she claimed … Clearly Taylor was not less guilty of embezzlement from the bank than Groves merely because he actually created an account bearing Mrs. Dade's name (as well as his own). We reject both arguments. . Under any of these analyses, Taylor's defense that he could not embezzle from himself fails. Id. 1950)).2 The presumption is merely a judicial inference as to probable intent, and can be rebutted by extrinsic evidence that the depositor intended to make a gift of a present beneficial interest. Id. She approached Taylor, the branch manager, whom she knew only through her visits to the bank, and told him that she wanted to remove her brother's name from the account because he had recently entered a nursing home. Of course the actual cash that he removed belonged to the bank (offset by a debt to Mrs. Dade) until the moment of his wrongful withdrawals. Circuit opinions. Sec. No special words are required to create an express trust--the settlor need only manifest an "intention to impose upon [herself] or upon a transferee of the property equitable duties to deal with the property for the benefit of another person." Distilling the essence of that case and several others, the court wrote: [T]he opportunity to convert the funds arises by virtue of the defendant's position as the agent of a concern to which the public is invited to entrust its money, and it is in the integrity thereof which the public has confidence. The signature card for the new account, on which Taylor wrote both names, described the ownership arrangement as follows: As joint tenants with the right of survivorship and not as tenants in common and not as tenants by the entirety, the undersigned hereby apply for a savings account in MERITOR SAVINGS BANK, FSB.... [The savings bank is] hereby authorized to act without further inquiry in accordance with writings bearing [the accompanying] signatures; it being understood and agreed that any one of the undersigned may act in all matters related to this savings account. Lawyers who handle such cases say there has been a flood of new claims since June 19, when the Supreme Court decided its first sexual harassment case, Meritor Savings Bank v. Vinson. Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), is a US labor law case, where the United States Supreme Court, in a 9-0 decision, recognized sexual harassment as a violation of Title VII of the Civil Rights Act of 1964. Unless otherwise stated hereon, the ownership of said account is pro-rata. The Court pointed out that guidelines issued by the EEOC specified that sexual harassment leading to noneconomic injury was a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. In November 1978 Vinson was fired from her job at a Meritor Savings Bankwhich Taylor explained as being due to Vinson's inordinate use of sick leave. to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." A jury found Sidney L. Taylor, formerly a branch manager of Meritor Savings Bank, guilty of embezzling, abstracting or purloining $22,400 from a customer's account, in violation of 18 U.S.C. , It established the standards for analyzing whether conduct was unlawful and when an employer would be liable. : The Invisibility of Race in the #MeToo Movement", "Sexual Harassment and the Law: The Mechelle Vinson Case", https://en.wikipedia.org/w/index.php?title=Meritor_Savings_Bank_v._Vinson&oldid=994176784, United States Supreme Court cases of the Burger Court, United States employment discrimination case law, United States gender discrimination case law, Creative Commons Attribution-ShareAlike License. Within two hours after creating the new joint account, Taylor had withdrawn $3,500; he made two more withdrawals totaling $5,000 in the next two weeks. Rec. The first initiation of Vinson's civil lawsuit against Sidney L. Taylor and Capital City Federal Savings and Loan Association, which would soon change its name to Meritor Savings Bank, came in September of 1978. That year, she sued Taylor and the bank, which was later acquired by Meritor Savings. at 23-24. Appeal from the United States District Court for the District of Columbia (Criminal Action No. Patrick M. Donahue, appointed by the Court, Annapolis, Md., for appellant. US Court of Appeals for the District of Columbia Circuit. In the case, Meritor Savings Bank v. Vinson, No.  Prior to the ruling on Vinson’s case, discrimination under Title VII was constituted as economic loss. In his brief to this court, Taylor attacks his convictions on the ground that as a joint tenant, he had an ownership right in the money he appropriated; thus, the property taken was not the "property of another."  This ruling also qualified the hostile environment which sexual harassment in the workplace creates as sex discrimination under Title VII of the Civil Rights Act of 1964. See, e.g., Richardson, 522 A.2d at 1298; Prather v. Hill, 250 A.2d 690, 691-93 (D.C.1969). Vinson charged that Taylor had coerced her to have sexual relations with him and made demands for sexual favors at work. After taking sick leave in 1978, the bank discharged her for excessive use of that leave. She claimed that for the next two and one-half years Mr. Taylor repeatedly demanded sex from her and otherwise harassed her physically and verbally. We affirm. She argued such harassment created a '"hostile working environment'" and a form of unlawful discrimination under Title VII of the Civil Rights Act of 1964. At oral argument, Taylor's counsel offered an alternative attack on the convictions, namely, that any funds embezzled did not belong to the bank. The ruling of Mechelle Vinson’s Supreme Court case was the first instance of sexual harassment being recognized by the court as “actionable”. The primary question presented was whether a hostile work environment constituted a form of unlawful discrimination under the Civil Rights Act of 1964, or if the Act was limited to tangible economic discrimination in the workplace. 1 He is appealing his convictions on the ground that the prosecution failed to prove the necessary elements of embezzlement. U.S. of Justice, with whom Jay B. Stephens, U.S. If instead Mrs. Dade created a joint tenancy, we believe that Taylor's interest as joint tenant would be only the bare legal interest of a trustee, either by express or constructive trust. The daughter was made a joint tenant on the deed so that her mother could more easily obtain financing. To relieve her anxiety, Taylor removed his name from the cover of her passbook with liquid paper.  In November 1978 Vinson was fired from her job at a Meritor Savings Bank which Taylor explained as being due to Vinson's inordinate use of sick leave. Vinson had been fired from her job at Capital City Federal Savings Bank in Northeast Washington when she filed her lawsuit in 1978. Mrs. Dade decided to accept his offer because "he looked like an honest man working in the bank." Because others hold the beneficial interest, a trustee can be guilty of embezzlement if he misappropriates trust funds to which he holds legal title. The prohibition against discrimination based on sex was added to Title VII at the last minute on the floor of the House of Representatives. Atty., and Michael W. Farrell, Asst. Mechelle Vinson began working for Meritor Savings Bank in 1974 as a teller-trainee. Her sexual harassment case would make legal history", "What About #UsToo? at 1209, 1211. Michelle Vinson began working for Meritor Savings Bank in 1974 as atelier-trainee. The District applies a presumption that "when a depositor creates a joint account for [herself] and another, without consideration, it is presumed to have been done for the convenience of the depositor." 419. The case was the first of its kind to reach the Supreme Court and would redefine sexual harassment in the workplace. In 1974, Meritor Savings Bank hired Vinson as a teller. The court rejected the claim, as the manager's opportunity to convert the funds arose from his position in the association. Rehnquist, joined by Burger, White, Powell, Stevens, O'Connor, Marshall, joined by Brennan, Blackmun, Stevens, the level of offensiveness of the unwelcome acts or words, the frequency or pervasiveness of the offensive encounters, the total length of time over which the encounters occurred, the context in which the harassing conduct occurred.
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