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Sexual Harassment Is Not A Crime: Aligning The Uniform Code Of Military Justice With Title Vii, Laura T. Kessler, Sagen Gearhart
Sexual Harassment Is Not A Crime: Aligning The Uniform Code Of Military Justice With Title Vii, Laura T. Kessler, Sagen Gearhart
Utah Law Faculty Scholarship
Sexual harassment and sexual assault are ongoing problems in the military. The Department of Defense responded in 2019 with sweeping changes in how the military handles sexual misconduct, including a proposal to criminalize sexual harassment in the Uniform Code of Military Justice (UCMJ). This Article, co-authored by an expert on workplace sex discrimination and a former military officer, responds to this proposal. We argue that sexual harassment, however reprehensible, is not criminal conduct. Moreover, criminalization is likely to undermine the military’s efforts to prevent and punish sexual harassment by raising the stakes for the involved service members, thereby deterring reporting, …
Employment Discrimination And The Domino Effect, Laura T. Kessler
Employment Discrimination And The Domino Effect, Laura T. Kessler
Utah Law Faculty Scholarship
Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when considered …