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Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann Mcginley, Ryan Mcginley-Stempel
Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann Mcginley, Ryan Mcginley-Stempel
Ann McGinley
Abstract
BEYOND THE WATER COOLER: SPEECH AND THE WORKPLACE IN AN ERA OF SOCIAL MEDIA
Ann C. McGinley & Ryan McGinley-Stempel
Few would dispute the proposition that free speech and association play an important role in the operation of a healthy democracy. Private workplaces, however, are an important exception. Even though as a nation we profess to honor free speech as one of our most important values, in the employment context, the law often willingly restricts employee speech in favor of the employer’s interests in efficient management. When civil society was clearly distinct from the workplace, this was less problematic. …
Reasonable Men, Ann Mcginley
Reasonable Men, Ann Mcginley
Ann McGinley
Abstract
REASONABLE MEN
Ann C. McGinley
After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII in Meritor Savings Bank v. Vinson, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted in Ellison v. Brady. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, …
Reasonable Men, Ann Mcginley
Reasonable Men, Ann Mcginley
Ann McGinley
Abstract
REASONABLE MEN
Ann C. McGinley
After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII in Meritor Savings Bank v. Vinson, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted in Ellison v. Brady. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, …