scholarly journals Equality

Daedalus ◽  
2020 ◽  
Vol 149 (1) ◽  
pp. 213-221
Author(s):  
Catharine A. MacKinnon
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
Sex Discrimination ◽  
The United States ◽  
Substantive Equality ◽  
Sexual Harassment Law

The distinction between formal and substantive equality is theorized then illustrated by sexual harassment law in the United States and in international legal developments. The convergence of sexual harassment concepts with prostitution, hence of sex discrimination law with the Nordic/Equality Model, is explained and explored.

Sexual Harassment in the Workplace: A United States Perspective

2005 ◽  
Vol 7 (1-4) ◽  
pp. 29-85
Author(s):  
Joseph M. Kelly ◽  
David D. Kadue ◽  
Robert J. Mignin
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
Common Law ◽  
Burden Of Proof ◽  
The United States ◽  
State Law ◽  
Hostile Environment ◽  
Federal Law ◽  
Men And Women ◽  
Sexual Harassment Law

Sexual harassment litigation has increased significantly within the United States. It is a cause of action that was created by the judiciary to enable an employee to work in an atmosphere free from a sexually hostile environment. Some parameters of U.S. sexual harassment law are still unclear, but the law now applies to men and women, and the burden of proof has gradually been eased. Under judge-made law, an employer will always be liable when harassment culminates in a tangible employment detriment. The employer is also automatically liable when a supervisor creates a hostile environment, unless the employer can prove that it has taken reasonable steps to prevent or correct harassment and that the employee unreasonably failed to use the employer's anti-harassment procedures. Employers are also liable for harassment perpetrated by supervisors, co-workers and non-employees if the employer is negligent in failing to prevent or correct harassment. Employers are thus well advised to formulate and enforce an anti-harassment workplace policy that allows a complainant to have a thorough, impartial and prompt investigation of any allegation of harassment. Complainants can elect to use federal-law and state-law remedies for sexual harassment/discrimination. The state law, unlike the federal, may allow unlimited tort-like damages. A complainant may also allege common law causes of action such as infliction of emotional distress.

scholarly journals Legal design and reporting harassment: preliminary considerations on the comparative efficacy of u.s. and Brazilian sexual harassment law

2012 ◽  
Vol 3 (2) ◽  
pp. 401 ◽  
Author(s):  
Augustus B. Cochran III
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
Social Problem ◽  
The United States ◽  
Comparative Efficacy ◽  
Success Story ◽  
Legal Responses ◽  
Sexual Harassment Law ◽  
Compare And Contrast ◽  
The U.S

Laws against sexual harassment have been called “a feminist success story” (Zippel 2003). The creation of legal prohibitions against the histo ic and still widespread abuse of sexual harassment indeed represents a stirring story of innovation, both in the United States,where the problem was first dealt with as a legal matter, and now as a nearly universally recognized social problem. The effectiveness of these laws, however, remains a contentious subject, especially the question of whether policies are shaped to realistically deal with the conduct of perpetrators and the way targets actually respond. The variations in national laws present an opportunity to compare and contrast the contours of different legal responses to this problem and perhaps identify policy designs that are most effective in combating this misconduct. To this end, this paper sketches the different legal prohibitions in place in the U.S. and Brazil and explores the likely counter-reactions that these policies might encourage in sexual harassment victims.

Evaluation of a statewide initiative in the United States to prevent/reduce sexual harassment in schools

2009 ◽  
Vol 109 (2) ◽  
pp. 112-124 ◽  
Author(s):  
Mark D. Weist ◽  
Yaphet U. Bryant ◽  
Joyce Dantzler ◽  
Saran Martin ◽  
Marie D'Amico ◽  
...  
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
The United States

scholarly journals Recent Developments in Sexual Harassment Law: Towards a New Model

2009 ◽  
Vol 14 (2) ◽  
pp. 189 ◽  
Author(s):  
Anita Mackay
Keyword(s):  
Sexual Harassment ◽  
Sex Discrimination ◽  
Power Imbalance ◽  
Persistent Problem ◽  
New Model ◽  
Senate Committee ◽  
Sexual Harassment Law ◽  
Recent Developments ◽  
Positive Duties ◽  
Males And Females

<p>Despite more than 20 years of sexual harassment being unlawful, it is still a persistent problem in Australian workplaces and one which is grossly under-reported. The law is this area should seek both to redress the harm<br />suffered by the victim and to reduce the power imbalance between males and females. The effectiveness of the Sex Discrimination Act 1984 in achieving these objectives was reviewed by a Senate Committee in 2008.<br />One of its recommendations was for positive duties to be imposed on employers to eliminate sexual harassment. This article outlines how this recommendation might be implemented, and taken further, by shifting the<br />onus away from the victim and onto the more powerful players in any sexual harassment scenario – the harasser, the employer and the community in the relevant workplace.</p>

Sexual Harassment in the Academy: Harnessing the Growing Labor Movement in Higher Education to Address Sexual Harassment Against Graduate Workers

2021 ◽  
pp. 107780122110357
Author(s):  
Erin O’Callaghan ◽  
Veronica Shepp ◽  
Anne Kirkner ◽  
Katherine Lorenz
Keyword(s):  
Higher Education ◽  
United States ◽  
Sexual Harassment ◽  
Labor Movement ◽  
Structural Changes ◽  
The United States ◽  
Gender Based Violence ◽  
Wage Work ◽  
Power Differentials ◽  
Gender Based

Higher education is not immune to the epidemic of sexual harassment in the United States, particularly sexual harassment of graduate workers. This is due largely to power differentials of status and income, as academia relies on low-wage work. While the literature shows sexual harassment is prevalent across disciplines, current work to address the problem does not account for graduate worker precarity. The graduate labor movement, which addresses precarity, is beginning to tackle sexual harassment. We review how the labor and anti-gender-based violence movements in higher education should come together to prevent sexual harassment, presenting recommendations for structural changes to academia.

Sexual Harassment Laws and Their Impact on the Work Environment

2019 ◽  
pp. 657-683
Author(s):  
Philippe W. Zgheib
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
Work Environment ◽  
The United States ◽  
Judicial System ◽  
Willingness To Disclose ◽  
The Usa ◽  
The Difference ◽  
The Impact

This chapter examines the impact of sexual harassment laws in a work environment. Different contexts are examined with different sexual harassment laws. The most vulnerable individuals are identified. The particular case of Lebanon is inspected where few laws regulate this matter. A comparison is established with the USA. Lebanon and the United States have a different view of sexual harassment. In Lebanon, no clear laws protect women. In addition, Lebanon is more tolerant than the United States. The difference in cultures also contributes in people's willingness to disclose harassment. In the United States, people are used to the concept of right and a judicial system that preserves it. In Lebanon, such a matter is taboo, and people are discouraged from disclosing to preserve their reputation.

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