Yvonne Zylan
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199735082
- eISBN:
- 9780199894802
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735082.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter uses the framework developed in Chapter 3 to examine same-sex harassment laws. Topics discussed include prohibiting sexual harassment via Title VII of the 1964 Civil Rights Act, ...
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This chapter uses the framework developed in Chapter 3 to examine same-sex harassment laws. Topics discussed include prohibiting sexual harassment via Title VII of the 1964 Civil Rights Act, Catharine MacKinnon and the structuring of causation inquiries in sexual harassment litigation, the case of Oncale v. Sundowner Off shore Oil Svcs, and the imperatives of identity.Less
This chapter uses the framework developed in Chapter 3 to examine same-sex harassment laws. Topics discussed include prohibiting sexual harassment via Title VII of the 1964 Civil Rights Act, Catharine MacKinnon and the structuring of causation inquiries in sexual harassment litigation, the case of Oncale v. Sundowner Off shore Oil Svcs, and the imperatives of identity.
Catharine A. MacKinnon and Reva B. Siegel (eds)
- Published in print:
- 2003
- Published Online:
- October 2013
- ISBN:
- 9780300098006
- eISBN:
- 9780300135305
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300098006.001.0001
- Subject:
- Law, Employment Law
When it was published twenty-five years ago, Catharine MacKinnon's pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. ...
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When it was published twenty-five years ago, Catharine MacKinnon's pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment, the importance and definition of consent and unwelcomeness, issues of same-sex harassment, questions of institutional responsibility for sexual harassment in both employment and education settings, considerations of freedom of speech, effects of sexual harassment doctrine on gender and racial justice, and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter-century.Less
When it was published twenty-five years ago, Catharine MacKinnon's pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment, the importance and definition of consent and unwelcomeness, issues of same-sex harassment, questions of institutional responsibility for sexual harassment in both employment and education settings, considerations of freedom of speech, effects of sexual harassment doctrine on gender and racial justice, and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter-century.
Yvonne Zylan
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199735082
- eISBN:
- 9780199894802
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735082.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual ...
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This book explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse. The book argues that the law's power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. The book contends that those states of passion we experience in our daily lives as particularly significant—to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates—increasingly have as much to do with the state as they do with passion.Less
This book explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse. The book argues that the law's power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. The book contends that those states of passion we experience in our daily lives as particularly significant—to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates—increasingly have as much to do with the state as they do with passion.
Janet Halley
- Published in print:
- 2003
- Published Online:
- October 2013
- ISBN:
- 9780300098006
- eISBN:
- 9780300135305
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300098006.003.0014
- Subject:
- Law, Employment Law
This chapter presents the Supreme Court's notion that same-sex sex harassment may be sex discrimination within the ambit of Title VII. This implies that same-sex erotic overtures at work can be sex ...
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This chapter presents the Supreme Court's notion that same-sex sex harassment may be sex discrimination within the ambit of Title VII. This implies that same-sex erotic overtures at work can be sex discrimination, and invites lower courts to test for erotic content by inquiring into the sexual orientation of the individual defendant. Where the defendant in a same-sex sex harassment case is not homosexual, the Court tells us, the “social context” will indicate whether the harassing conduct is sex-based and thus sex discriminatory. Here the author argues that the judges' use of common sense might be problematic. A gay-friendly analysis has to welcome the Court's decision that same-sex sex harassment is actionable sex discrimination: without it, federal antidiscrimination law would have explicitly declared open season on gay men and lesbians, leaving them unprotected from sexual interference, which can threaten their very ability to work and learn.Less
This chapter presents the Supreme Court's notion that same-sex sex harassment may be sex discrimination within the ambit of Title VII. This implies that same-sex erotic overtures at work can be sex discrimination, and invites lower courts to test for erotic content by inquiring into the sexual orientation of the individual defendant. Where the defendant in a same-sex sex harassment case is not homosexual, the Court tells us, the “social context” will indicate whether the harassing conduct is sex-based and thus sex discriminatory. Here the author argues that the judges' use of common sense might be problematic. A gay-friendly analysis has to welcome the Court's decision that same-sex sex harassment is actionable sex discrimination: without it, federal antidiscrimination law would have explicitly declared open season on gay men and lesbians, leaving them unprotected from sexual interference, which can threaten their very ability to work and learn.
