The Law of Sexual Harassment: A Critique"This book examines the question of whether the law about sexual harassment is morally justified, and argues that it is not. While the author has approached that examination as a professional philosopher, the book does not presuppose that its readers belong to any particular academic discipline: it is intended to be of interest to scholars in philosophy, political science, and jurisprudence, but also accessible to other educated readers. No previous familiarity with the law of sexual harassment is assumed, other than the general knowledge that any casual reader of newspapers is bound to have. The book is devoted to arguments that are addressed to all open-minded readers who wish to think about the topic critically."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved |
Avis des internautes - Rédiger un commentaire
Aucun commentaire n'a été trouvé aux emplacements habituels.
Table des matières
| 11 | |
| 42 | |
| 72 | |
| 102 | |
Sexual Harassment and Freedom of Speech | 131 |
A Tale of Two Levels | 154 |
Sexual Harassment and Discrimination | 172 |
Alternatives | 213 |
Notes | 225 |
Bibliography | 255 |
General Index | 263 |
Index of Cases Cited | 267 |
Autres éditions - Tout afficher
Expressions et termes fréquents
7th Cir abuse of power acts alleged harasser Amendment appears apply argued argument basis of sex benefits bisexual objection chapter claim complained constitute sexual harassment criterion of demarcation decision deliberate insults demarcation problem discussion EEOC Ellison employers employment Eugene Volokh example fact female fighting words freedom of speech harm heterosexual hostile environment harassment interests involved issue kind law about sexual Law Review lower level male ment Meritor Savings Bank notion one's opinion plaintiff possible present sexual harassment prohibition of sexual promiscuity quid pro quo quo harassment rassment reasonable person reasonable woman standard regarded regulations relevant requirement restrictions romantic severe-or-pervasive test sex discrimination sexual conduct sexual harassment law sexual interaction sexual jokes sexual matters sexual nature similar strict liability Sundowner Offshore Services supervisor Supp Supreme Court tion Title VII tort ual harassment unwelcome and offensive upper level women workplace worthwhile wrong
Fréquemment cités
Page 57 - ... submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Page 152 - Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.
Page 80 - Hicklin. [L]ater decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.
Page 53 - But the fact that sex-related conduct was "voluntary," in the sense that the complainant was not forced to participate against her will, is not a defense to a sexual harassment suit brought under Title VII. The gravamen of any sexual harassment claim is that the alleged sexual advances were "unwelcome.
Page 85 - For example, because women are disproportionately victims of rape and sexual assault, women have a stronger incentive to be concerned with sexual behavior. Women who are victims of mild forms of sexual harassment may understandably worry whether a harasser's conduct is merely a prelude to violent sexual assault.
Page 134 - These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
Page 65 - When the workplace is permeated with "discriminatory intimidation, ridicule, and insult," that is "sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment,
Page 184 - Perhaps some of the doctrinal difficulty in this area is due to the awkwardness of classifying sexual advances as "discrimination." Harassment is reprehensible, but Title VII was passed to outlaw discriminatory behavior and not simply behavior of which we strongly disapprove.
Page 184 - Barnes v. Costle, 561 F.2d at 990 n. 55; Bundy v. Jackson, 641 F.2d at 942 n. 7. Thus, this court holds that only the differentiating libido runs afoul of Title VII, -and bisexual harassment, however blatant and however offensive and disturbing, is legally permissible. Had Congress been aiming at sexual harassment, it seems unlikely that a woman would be protected from unwelcome heterosexual or lesbian advances but left unprotected when a bisexual attacks. That bizarre result suggests that Congress...
Informations bibliographiques
| Titre | The Law of Sexual Harassment: A Critique |
| Auteur | Mane Hajdin |
| Éditeur | Susquehanna University Press, 2002 |
| ISBN | 1575910586, 9781575910581 |
| Longueur | 271 pages |
| Exporter la citation | BiBTeX EndNote RefMan |