There were 26 cases that decided whether the behavior alleged was illegal harassment. Thus, employers were far more likely to lose on appeal than employees. The 1993 through 1996 time frame was one where harassment was undergoing re-definition as a result of the Supreme Court's decision in Harris v. Forklift Systems. Now that the definition of harassment is relatively clear, lower courts are following this guidance. If the definition changes, we can expect to see more reversals in the Courts of Appeal.
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