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Articles 61 - 69 of 69
Full-Text Articles in Sexuality and the Law
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Using Agency Principles For Guidance In Finding Employer Liability For A Supervisor's Hostile Work Environment Sexual Harassment, Glen A. Staszewski
Using Agency Principles For Guidance In Finding Employer Liability For A Supervisor's Hostile Work Environment Sexual Harassment, Glen A. Staszewski
Vanderbilt Law Review
Title VII of the Civil Rights Act of 1964, as amended 'Title VII," prohibits sexual harassment in the workplace.' The courts have created two categories of sexual harassment. The first, quid pro quo sexual harassment, occurs when a supervisor requires sexual consideration from an employee in exchange for job benefits. The second, hostile work environment sexual harassment, occurs when an employee is subjected to unwelcome sexual harassment that affects a term, condition, or privilege of employment. The victim must prove that the harassment is sufficiently severe or pervasive to alter the conditions of hers employment and create an abusive working …
Proving Welcomeness: The Admissibility Of Evidence Of Sexual History In Sexual Harassment Claims Under The 1994 Amendments To Federal Rule Of Evidence 412, Paul N. Monnin
Vanderbilt Law Review
In contemporary sexual harassment litigation, this statement reflects a prevailing defense tactic. To establish a prima facie case of sexual harassment, plaintiffs must affirmatively demonstrate that they were subject to "unwelcome" sexual advances. Defense lawyers utilize this standard to discover and admit evidence of the victim's prior sexual behavior to show invitation to or provocation of the alleged misconduct. While such practices may seem repugnant, their purpose is readily discernible. By disclosing the intimate details of plaintiffs' sex lives, defense lawyers, with the sanction of sexual harassment law, force claimants to think twice about continuing their claims. Potential plaintiffs might …
Introduction: Current Issues In Sexual Harassment Law, Kenneth L. Pollack
Introduction: Current Issues In Sexual Harassment Law, Kenneth L. Pollack
Vanderbilt Law Review
In the two decades since the first federal court' recognized sexual harassment as a form of sex discrimination under Title VII,2 sexual harassment has become an oft-discussed and increasingly litigated issue. The cause of action for sexual harassment arose as a result of the feminist revolution that brought women into the work- force in unprecedented numbers. Women began to hold positions previously occupied by men and to demand equal treatment, respect, and dignity. Some believe that women have already achieved equality in the workplace. The issue of sexual harassment, however, continues to spawn much debate as the role of women …
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
Vanderbilt Law Review
The emerging law of sexual harassment has focused discussion on the political, sociological, and legal issues surrounding sexual conduct. Some commentators have argued that the developing law insufficiently addresses an underlying political imbalance between men and women. Although these commentators eschew sexual harassment law as a plausible means of achieving an egalitarian, sex-blind society, they offer few concrete suggestions for reaching their goal. A few scholars have taken a position at the other extreme, that sexual harassment is more or less a chimera, and that the injury women claim to experience is simply part of the vicissitudes of life, or, …
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
Cleveland State Law Review
This Note will argue that current federal legislation was developed, and has subsequently been interpreted by the courts, with little or no consideration for a victimized woman. Instead of addressing the causes and effects of sexual harassment head on, the legislature has largely ignored the realities of sexual harassment as a traumatizing experience faced by thousands of working women each year. Part H of this Note will address the development and current state of sexual harassment law, as well as the Supreme Court's ruling in Meritor Savings Bank, FSB v. Vinson. Part III will discuss Post Traumatic Stress Disorder as …
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
All Faculty Scholarship
This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School
Student Newspapers
No abstract provided.
Hostile Environment Claims Of Sexual Harassment: The Continuing Expansion Of Sexual Harassment Law, Jill W. Henken
Hostile Environment Claims Of Sexual Harassment: The Continuing Expansion Of Sexual Harassment Law, Jill W. Henken
Villanova Law Review (1956 - )
No abstract provided.