Directions in Sexual Harassment Law最新文献

{"title":"Introduction: A Short History of Sexual Harassment","authors":"Reva B. Siegel","doi":"10.12987/YALE/9780300098006.003.0001","DOIUrl":"https://doi.org/10.12987/YALE/9780300098006.003.0001","url":null,"abstract":"","PeriodicalId":131663,"journal":{"name":"Directions in Sexual Harassment Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116612112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"16. The Rights of Remedies: Collective Accountings for and Insuring Against the Harms of Sexual Harassment","authors":"J. Resnik","doi":"10.12987/9780300135305-018","DOIUrl":"https://doi.org/10.12987/9780300135305-018","url":null,"abstract":"Thus far, litigation about harassment has been modeled after common law tort processes in which individuals are found liable for imposing harm and are ordered to pay monetary damages. The Equal Employment Opportunity Commission (EEOC) and class action suits do sometimes seek injunctions, prohibiting future misbehavior; individuals may also obtain equitable orders for reinstatement or \"front pay,\" money provided when reinstatement is not possible. But a substantial proportion of the litigation and the commentary about harassment focuses on whether individual plaintiffs can hold other persons (co-workers, employers, and/or supervisors) responsible and obtain compensation for sexual harassment. This essay explores the limits of the individualized model. I begin by reviewing the architecture of remedial options to show the challenges of their pursuit and to demonstrate current presumptions that the harms of harassment are, at base, injuries inflicted by individuals on each other. To the extent institutional remedies exist by way of employment policies on harassment (promoted by doctrine that permits employers to limit their own liability by having such policies), those policies typically provide for individual complaints and individualized processing of the problems raised. That conception misses both the social context that permits infliction of injury and how cultures of subordination harm participants beyond the individual(s) targeted. Further, I examine the new rules of dispute resolution that enforce agreements waiving rights of access to courts. As the mode of processing disputes about harassment shifts from the public venue of courts to privatized arbitral processes, the dispute is pressed even more into an individualized mold, to be mediated either by the disputants or through third party intervention rather than to be redressed as a social and political problem requiring structural reform of working conditions. Because I object to an understanding of the sources and harms of harassment as limited to individual (and ostensibly idiosyncratic) interpersonal exchanges, I urge consideration of new and different remedies for harassment to bring into better focus the institutional character of sexual harassment. The term \"sexual harassment\" ought to comprehend both an affront to individuals and a structural problem for workplaces. Thus I explore a range of legal rules that could help to develop an institutional and collective approach to harassment. First, to acknowledge that harms of harassment are pervasive, undermining the integrity of all workers, any worker within a harassing environment ought to be permitted to file harassment claims. The concept of a \"bystander\" - someone watching an accident - ought not to have a place in the law of workplace harassment. Second, worker collaboration about workplace structures that foster harassment should become a priority. Instead of First Amendment claims being deployed by defendants, seeking to counter a","PeriodicalId":131663,"journal":{"name":"Directions in Sexual Harassment Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123572483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"23. Sexual Harassment and the First Amendment","authors":"Robert M. Post","doi":"10.12987/9780300135305-025","DOIUrl":"https://doi.org/10.12987/9780300135305-025","url":null,"abstract":"SEXUAL HARASSMENT AND THE FIRST AMENDMENT Robert Post E-mail: postr@mail.law.berkeley.edu Working Paper 2000-13 Working Papers published by the Institute of Governmental Studies provide quick dissemination of draft reports and papers, preliminary analysis, and papers with a limited audience. The objective is to assist authors in refining their ideas by circulating results and to stimulate discussion about public policy. Working Papers are reproduced unedited directly from the author’s page.","PeriodicalId":131663,"journal":{"name":"Directions in Sexual Harassment Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130243318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"26. Free Speech and Hostile Environments","authors":"J. Balkin","doi":"10.12987/9780300135305-028","DOIUrl":"https://doi.org/10.12987/9780300135305-028","url":null,"abstract":"One major concern about sexual harassment law is that employers will restrict employee speech in order to avoid hostile environment liability, thus violating free speech principles. In this Essay, Professor Balkin argues that this “collateral censorship” is constitutionally permissible when there are good grounds for vicarious liability. Because employers actively control workplace culture, and because they are better able to prevent hostile environments than individual employees, vicarious liability for employee speech is more justified than in the case of distributors or common carriers.","PeriodicalId":131663,"journal":{"name":"Directions in Sexual Harassment Law","volume":"23 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126320458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}