Law Commons^™

Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong

University of Michigan Journal of Law Reform

Digital communications sexual harassment is on the rise. Such harassment occurs through sexually offensive and unwarranted e-mails, placing harassing messages on electronic bulletin boards, and other forms of harassment that occur through the Internet. To date, courts have remained silent on the issue of sexual harassment by digital communications. Should this type of harassment be treated any differently than harassment that occurs in the physical space? The somewhat surprising answer is yes.

This Article advocates applying a new judicial framework for addressing digital communications sexual harassment. This new framework accounts for the real-world technology in the digital workplace and the …

Faragher V. City Of Boca Raton: A Personal Account Of A Sexual Discrimination Plaintiff, Beth Ann Faragher

Hofstra Labor & Employment Law Journal

Former Supreme Court plaintiff Beth Ann Faragher ruminates on the circumstances that led to the Supreme Court's landmark decision in Faragher v. City of Boca Raton. For Ms. Faragher, the case was about much more than the monetary issue involved, specifically whether she should have been awarded $1.00 under Title VII. The case became, in her words, "a national issue of human dignity and civil rights."

How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry

Hofstra Labor & Employment Law Journal

This Article, which is part of a symposium on the 40th Anniversary of Title VII appearing in the Hofstra Labor and Employment Law Journal, evaluates the progress of women in the workforce by critically analyzing the musical "How to Succeed in Business Without Really Trying." Written in the early 1960s and made into a 1967 movie, How to Succeed follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. It also includes the sexual exploits of the exclusively male executive corps among the female …

Making Title Vii Law And Policy: The Supreme Court's Sexual Harassment Jursiprudence, Ronald Turner

Hofstra Labor & Employment Law Journal

Professor Turner's article focuses on judicial lawmaking and policy-making in an important area of antidiscrimination law - the statutory prohibition of workplace sexual harassment found in Title VII. The article highlights the ways in which the Supreme Court's interpretation and application of Title VII's ban on sex discrimination are contrary to, and fly in the face of the judges-should-make-no-law axiom.