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- Domestic violence; domestic abuse; intimate partner violence; social construct; relationship violence (1)
- Sexual harassment; sex discrimination; Title VII; hostile work environment; Faragher/Ellerth; Faragher; Ellerth; Minarksy; complaint procedure; employer liability; vicarious liability; #MeToo; workplace sexual harassment (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Brooklyn Law Review
This article argues that not all violence in intimate relationships is “domestic violence.” Domestic violence is a pattern of acts perpetrated with a motive: power and control over another. National anti-domestic violence organizations, activists and advocates, and a number of academics agree on this construct of domestic violence. Law, on the other hand, requires neither a pattern nor a motive; it defines domestic violence to include any single act of violence in a relationship, regardless of the perpetrator’s intent. Because legal intervention is the primary intervention for domestic violence today, feminist legal scholars have sought to reform the law to …
When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter
When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter
Brooklyn Law Review
The incredible force of the #MeToo movement has created momentum for long-overdue reform of workplace sexual harassment laws. One problematic element of the sexual harassment scheme is the Faragher/Ellerth defense, a defense to a claim of hostile work environment under Title VII. The Faragher/Ellerth defense allows an employer to escape liability for actionable sexual harassment if it can show that it had a policy against harassment with a procedure for making complaints, but the victim of harassment did not complain using that procedure. But the vast majority of victims of sexual harassment never make a formal complaint to their employer …