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Labor and Employment Law

Maurice A. Deane School of Law at Hofstra University

2004

Sexual harassment

Articles 1 - 2 of 2

Full-Text Articles in Law

Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke Jan 2004

Workplace Harassment: A Proposal For A Bright Line Test Consistent With The First Amendment, Debra D. Burke

Hofstra Labor & Employment Law Journal

No abstract provided.


Same-Sex Harassment: Do Either Price Waterhouse Or Oncale Support The Ninth Circuit's Holding In Nichols V. Azteca Restaurant Enterprises, Inc. That Same-Sex Harassment Based On Failure To Conform To Gender Stereotyopes Is Actionable?, Philip Mcgough Jan 2004

Same-Sex Harassment: Do Either Price Waterhouse Or Oncale Support The Ninth Circuit's Holding In Nichols V. Azteca Restaurant Enterprises, Inc. That Same-Sex Harassment Based On Failure To Conform To Gender Stereotyopes Is Actionable?, Philip Mcgough

Hofstra Labor & Employment Law Journal

In Nichols v. Azteca Restaurant Enterprises, the Ninth Circuit, overruling a twenty-two year old case, held that same-sex harassment based on gender stereotypes is actionable under Title VII. The court based this holding on the Supreme Court's 1989 opinion in Price Waterhouse v. Hopkins. However reasonable a reading of Title VII, the author argues that Nichols takes a major step beyond Hopkins, and resolves an issue not considered, even by implication, in the case. Further, same-sex harassment based on gender stereotypes is an issue sidestepped by the Supreme Court in Oncale - its only opinion to date dealing with same-sex …