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Full-Text Articles in Law
Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin
Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin
Michigan Journal of Gender & Law
This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importantly, I argue that the prevailing paradigm precludes a true understanding …
Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie
Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie
Michigan Journal of Gender & Law
From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances of sexual harassment. Such sexual harassment occurs through unprovoked and offensive e-mails, messages posted on electronic bulletin boards, and other means available on the Internet. To date, courts remain silent on this issue. Should this type of sexual harassment be treated differently from physical sexual harassment? The surprising answer is yes. This Article suggests a new judicial framework for addressing sexual harassment perpetrated through digital communications. This framework accounts for the real-world …
Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales
Michigan Journal of Gender & Law
This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …
The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn
The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn
Michigan Journal of Gender & Law
This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Michigan Journal of Gender & Law
This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …