Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy
Without Distinction: Recognizing Coverage Of Same-Gender Sexual Harassment Under Title Vii, Trish K. Murphy
Washington Law Review
Federal court decisions conflict regarding the applicability of Title VII of the Civil Rights Act of 1964 to sexual harassment cases where the alleged harasser and victim are members of the same gender. This Comment examines the courts' treatment of same-gender sexual harassment claims and argues that same-gender sexual harassment claims fall within the purview of Title VII as impermissible discrimination. In reaching this position, this Comment demonstrates that Title VII lacks gender-based limitations. It then argues that no valid justification exists for distinguishing between same-gender sexual harassment and sexual harassment involving members of different genders. Finally, this Comment suggests …
His And Her Tort Reform: Gender Injustice In Disguise, Thomas Koenig, Michael Rustad
His And Her Tort Reform: Gender Injustice In Disguise, Thomas Koenig, Michael Rustad
Washington Law Review
This Article is an inquiry into the gendered nature of tort remedies. Modem tort law provides increased protection for injuries suffered by women. Drawing upon a national study of punitive damages in products liability and medical malpractice, Professors Koenig and Rustad argue that tort remedies are bifurcated into "his" and "her" tort worlds based upon gender roles. Nearly half of the punitive damages verdicts awarded to women stemmed from injuries caused by household consumer products and dangerously defective drugs or medical devices. In contrast, the punitive damages awarded to males arose from accidents involving industrial and farm machinery, asbestos, chemicals, …