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What Can You Say, Where Can You Say It, And To Whom?: A Guide To Understanding And Preventing Unlawful Sexual Harassment, David Allen Larson Jan 1992

What Can You Say, Where Can You Say It, And To Whom?: A Guide To Understanding And Preventing Unlawful Sexual Harassment, David Allen Larson

Faculty Scholarship

After an increase in visibility for sexual harassment cases in 1991, employers have had to treat allegations of sexual misconduct more seriously now that juries have the authority to award both compensatory and punitive damages. Many employers and employees remain confused, however, as to what conduct is considered unlawful sexual harassment. This article explains how courts have analyzed allegations of unlawful sexual harassment under Title VII of the Civil Rights Act of 1964 by discussing what a court must find before it will impose liability. In response to the very real and immediate demand for a straightforward discussion of the …


The Thomas Hearings: Watching Ourselves, Robert F. Nagel Jan 1992

The Thomas Hearings: Watching Ourselves, Robert F. Nagel

Publications

No abstract provided.


The Reasonable Woman And The Ordinary Man, Carol Sanger Jan 1992

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony …