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Law and Gender

Golden Gate University School of Law

Sexual harassment

Articles 1 - 9 of 9

Full-Text Articles in Law

Survey: Women And California Law Sep 2010

Survey: Women And California Law

Golden Gate University Law Review

No abstract provided.


Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros Sep 2010

Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros

Golden Gate University Law Review

In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …


Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang Sep 2010

Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang

Golden Gate University Law Review

This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Meritor Savings Bank V. Vinson: Title Vii Liability For Sexual Harassment, Suzanne Egan Sep 2010

Meritor Savings Bank V. Vinson: Title Vii Liability For Sexual Harassment, Suzanne Egan

Golden Gate University Law Review

In Meritor Savings Bank v. Vinson,! the United States Supreme Court addressed the issue of sexual harassment for the first time. The Court held that when sexual harassment creates a hostile or offensive working environment, it is actionable under Title VII of the Civil Rights Act of 1964. The Court interpreted Title VII as demonstrating a congressional intent to preserve the economic, psychological and emotional benefits of employment. This interpretation has been advanced by the Equal Employment Opportunity Commission (EEOC) and in lower court opinions. The Supreme Court rejected the District of Columbia Circuit Court of Appeals ruling that an …


Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri Sep 2010

Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri

Golden Gate University Law Review

This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A briefanalysis of the issues pertinent to women raised in each case is provided.


Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson Sep 2010

Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson

Golden Gate University Law Review

Sexual harassment of female inmates by male guards permeates American prisons because the imbalance of power between the guard and the prisoner allows and encourages it to exist. Sexual harassment in prison is not a series of isolated incidents; rather, it is so much a part of the power structure that it is almost invisible. There are few reported cases of sexual harassment of women prisoners. Until recently sexual harassment, even outside the prison, went unnoticed. Also, if a prisoner reports sexual abuse, the prison administration will generally blame the prisoner, or deny the accusation, but only occasionally fire the …


Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White Aug 2010

Job-Related Sexual Harassment And Union Women: What Are Their Rights?, Barbara M. White

Golden Gate University Law Review

No abstract provided.


Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery Aug 2010

Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery

Golden Gate University Law Review

No abstract provided.


The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr Feb 2006

The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr

Publications

This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these …