When investigating allegations of sexual harassment, EEOC looks at the whole record: The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that A after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or B after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this subchapter. This case filed by plaintiff Mechelle Vinson was the first in the history of the court to recognize sexual harassment as actionable. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. One can imagine this scene playing out like an episode of Mad Men, a fictional television series set in the s. The Civil Rights Act of Pub. Others saw it as an attempt by racial bigots to scuttle the entire bill, figuring nobody in their right mind would vote to make female employees equal to men. This was of crucial importance to civil rights activists[ who? If the Commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief. One can readily envision working environments so heavily polluted with discrimination as to destroy completely the emotional and psychological stability of minority group workers. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. If this condition is violated by a recipient agency, the Commission may decline to honor subsequent requests pursuant to this subsection.