Cover image for Sexual harassment in America : a documentary history
Title:
Sexual harassment in America : a documentary history
Author:
Stein, Laura W., 1963-
Personal Author:
Publication Information:
Westport, Conn. : Greenwood Press, 1999.
Physical Description:
xxv, 297 pages ; 24 cm.
Language:
English
Contents:
Definitions of sexual harassment -- The prevalence of sexual harassment in employment -- Laws prohibiting sexual harassment in employment -- Early sexual harassment cases -- The Supreme Court speaks -- Legal responsibility for sexual harassment -- Same-sex harassment -- Special issues in hostile environment harassment -- Sexual harassment by government officials -- The prevalence of sexual harassment in the military -- The Tailhook Scandal -- Military regulation of sexual harassment -- More recent military sexual harassment scandals -- Laws prohibiting sexual harassment in education -- The prevalence of sexual harassment in educational institutions -- Harassment by school employees -- Harassment by peers -- When the very young are accused of harassment -- Sexual harassment and academic freedom -- Sexual harassment in housing.
Reading Level:
1450 Lexile.
ISBN:
9780313301841
Format :
Book

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Summary

Summary

The controversial topic of sexual harassment in the United States is explored in this unique collection of over 90 documents. The political and social aspects of the concept of sexual harassment are examined through such documents as legal cases that defined and prohibited sexual harassment, government documents, major studies, and newspaper accounts of major developments concerning sexual harassment. Each document is accompanied by an explanatory introduction to help high school and college students understand how that particular document fits into larger trends, while also making it more accessible to the reader.

The question of what sexual harassment is and how we have developed an awareness of the concept in the late twentieth century is explored in detail in six separate sections. The first section reviews the definition of sexual harassment and why it is considered illegal. The next three sections investigate sexual harassment as it has arisen in three contexts: employment, the military, and education. The fifth section examines the ways laws have been expanding beyond the areas of employment, the military and education. The final section provides the most current rulings of the Supreme Court involving sexual harassment. These six sections provide a comprehensive history that explores legal prohibitions on sexual harassment, setting forth important historical cases, while focusing on current areas of controversy, such as same-sex sexual harassment and free speech issues.


Author Notes

LAURA W. STEIN is Associate Professor of Law at New York Law School. A graduate of Yale University and Harvard Law School, Ms. Stein has published articles about labor and employment law and and feminist theory.


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New volumes in Greenwood's Primary Documents in American History and Contemporary Issues series.


Table of Contents

Series Foreword
Introduction
Defining Sexual Harassment
How Sexual Harassment Became Illegal
"How We Got Here: From Carmita Wood to Anita Hill" (1992)Susan Brownmiller and Dolores Alexander
Definitions of Sexual Harassment
Definitions by the Government
Questions and Answers about Sexual Harassment (1992)
EEOC Policy Guidance on Current Issues of Sexual Harassment (1990)
Sexual Harassment in the Federal Workplace: Is It a Problem? (1981)
Definitions by Commentators
Sexual Shakedown: The Sexual Harassment of Women on the Job (1978)Lin Farley
Sexual Harassment of Working Women (1979)Catharine A. MacKinnon
"Sexual Harassment as Sex Discrimination: A Defective Paradigm" (1990)Ellen Frankel Paul
"What's Wrong With Sexual Harassment?" (1997)Katherine M. Franke
Sexual Harassment in Employment
The Prevalence of Sexual Harassment in Employment
Sexual Harassment in the Federal Workplace: Is It a Problem? (1981)
Sexual Harassment in the Federal Government: An Update (1988)
Sexual Harassment in the Federal Workplace: Trends, Progress, and Continuing Challenges (1995)
Men's and Women's Perceptions of Sexual Harassment
"Sexual Harassment...Some See It...Some Won't" (1981)Eliza G. C. Collins and Timothy B. Blodgett
Laws Prohibiting Sexual Harassment in Employment
Federal Law
Title VII of the Civil Rights Act of 1964, 703a (1964)
Equal Employment Opportunity Commission's Guidelines on Discrimination Because of Sex (1980)
Equal Employment Opportunity Commission Compliance Manual (1982, 1987)
State Law
Vermont Fair Employment Practices Act (1993)
Early Sexual Harassment Cases
Cases Holding That Harassment Is Not Sex Discrimination
Corne v. Bausch and Lomb, Inc., U.S. District Court (1975)
Tomkins v. Public Service Electric and Gas Co., U.S. District Court (1976)
Cases Holding that Harassment Is Sex Discrimination
Williams v. Saxbe, U.S. District Court (1976)
Barnes v. Costle, U.S. Court of Appeals for the District of Columbia (1977)
Tomkins v. Public Service Electric and Gas Co., U.S. Court of Appeals for the Third Circuit (1977)
Hostile Environment Harassment Cases
Bundy v. Jackson, U.S. Court of Appeals for the District of Columbia (1981)
Henson v. City of Dundee, U.S. Court of Appeals for the Eleventh Circuit (1982)
The Supreme Court Speaks
Meritor Savings Bank v. Vinson, U.S. Supreme Court (1986)
Harris v. Forklift Systems, Inc., U.S. Supreme Court (1993)
Proving "Unwelcomeness"
EEOC Policy Guidance on Current Issues of Sexual Harassment (1990)
Legal Responsibility for Sexual Harassment
When the Employer Must Pay
Equal Employment Opportunity Commission's Guidelines on Discrimination Because of Sex (1980)
Meritor Savings Bank v. Vinson, U.S. Supreme Court (1986)
When the Individual Harasser Must Pay
Tomka v. Seiler Corp., U.S. Court of Appeals for the Second Circuit (1995)
Remedies Available in Cases of Harassment
Title VII of the Civil Rights Act of 1964, 706(g) (1964)
Civil Rights Act of 1991, 102 (1991)
U.S. Senate, Statements on Introduced Bills and Joint Resolutions - The Equal Remedies Act (1995)
"Judge Halves $7.1 Million Award in Harassment Case But Bay Area Woman Will Still Get Record Sum" (1994)Harriet Chiang
Evidence About the Plaintiff's Sexual History
"The Bedroom Ploy: Plaintiff's Sex Lives Are Being Laid Bare in Harassment Cases" (1994)Ellen E. Schultz and Junda Woo
Federal Rule of Evidence 412 (1994)
Same-Sex Harassment
Goluszek v. H. P. Smith, U.S. District Court (1988)
Quick v. Donaldson, U.S. Court of Appeals for the Eighth Circuit (1996)
Special Issues in Hostile Environment Harassment
The "Reasonable Woman" Standard
Ellison v. Brady, U.S. Court of Appeals for the Ninth Circuit (1991)
Policy Guidance on Current Issues of Sexual Harassment (1990)
Brief for Amicus Curiae American Psychological Association in Support of Neither Party, Harris v. Forklift Systems, Inc. (1993)
Brief of Amici Curiae Women's Legal Defense Fund, the National Women's Law Center, et al., in Support of Petitioner, Harris v. Forklift Systems, Inc. (1993)
Sexual Harassment Versus Free Speech
Brief for Amici Curiae Feminists for Free Expression in Support of Petitioner, Harris v. Forklift Systems, Inc. (1993)
"Workplace Harassment and the First Amendment: A Reply to Professor Volokh" (1996)David Benjamin Oppenheimer
Sexual Harassment by Government Officials
Clarence Thomas and Anita Hill
Testimony of Hon. Clarence Thomas, Nomination of Judge Clarence Thomas to Be Associate Justice of the Supreme Court of the United States, Hearings before the Committee on the Judiciary of the United States Senate (1991)
Testimony of Anita F. Hill, Nomination of Judge Clarence Thomas to Be Associate Justice of the Supreme Court of the United States, Hearings before the Committee on the Judiciary of the United States Senate (1991)
Further Testimony of Hon. Clarence Thomas, Nomination of Judge Clarence Thomas to Be Associate Justice of the Supreme Court of the United States, Hearings before the Committee on the Judiciary of the United States Senate (1991)
"Taking Sides Against Ourselves" (1991)Rosemary L. Bray
Remarks of Senator Edward Kennedy of Massachusetts, Debate on the Nomination of Clarence Thomas to Be Associate Justice of the United States Supreme Court (1991)
Resolution for Investigation of Senator Bob Packwood (1995)
Resolution for Disciplinary Action of Senator Bob Packwood (1995)
President William Jefferson Clinton
Complaint of Paula Corbin Jones, Paula Corbin Jones v. William Jefferson Clinton and Danny Ferguson (1994)
Lawsuits Brought By Those Accused of Harassment
"Laws Covering Sex Harassment and Wrongful Dismissal Collide (1992)Grace M. Kang
Sexual Harassment in the Military
The Prevalence of Sexual Harassment in the Military
Sexual Harassment in the Military: 1988 (1990)Melanie Martindale
Department of Defense 1995 Sexual Harassment Survey, Executive Summary (1996)Lisa D. Bastian and Anita R. Lancaster and Heidi E. Reyst
The Tailhook Scandal
Remarks of Senator John McCain regarding the Tailhook Association, Senate Proceedings and Debates of the 102d Congress, 1st Session (1991)
Tailhook 91, Part 2: "Events at the 35th Annual Tailhook Symposium" (1993)
Statement by Press Secretary Fitzwater on the Resignation of H. Lawrence Garrett III as Secretary of the Navy (1992)
Military Regulation of Sexual Harassment
"The Department of Defense Military Equal Opportunity Program" (1989)
Department of the Navy (DON) Policy on Sexual Harassment (1993)
Department of the Navy (DON) Policy on Sexual Harassment, Enclosure (3) (1993)
"Arresting 'Tailhook': The Prosecution of Sexual Harassment in the Military" (1993)Lieutenant Commander J. Richard Chema
National Defense Authorization Act for Fiscal Year 1995, Proposed Amendment No. 2146, Remarks of Senator DeConcini (1994)
More Recent Military Sexual Harassment Scandals
Incidents at the Aberdeen Proving Ground
Testimony Before the Senate Armed Services Committee, Hearings on Sexual Harassment in Armed Services (1997)Togo D. West, Jr.
"Issue of Race Emerges in Aberdeen Courtroom; Defense Says Army Targets Black Instructors" (1997)Dana Priest and Jackie Spinner
Investigation of the Sergeant Major of the Army
"Top Enlisted Man in the Army Stands Accused of Sexual Assault" (1997)Eric Schmitt
"Presumed Innocent; But Not for Long" (1997)Richard Cohen
Sexual Harassment in Education
Laws Prohibiting Sexual Harassment in Education
Title IX of the Education Amendments of 1972
"Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (1997)
Franklin v. Gwinnett County Public Schools, U.S. Supreme Court (1992)
California General Education Code 212.5, 48900.2 (1995)
Development of the Law Against Sexual Harassment in Education
Alexander v. Yale University, U.S. Court of Appeals for the Second Circuit (1980)
The Prevalence of Sexual Harassment in Educational Institutions
Primary and Secondary Schools
Secrets in Public: Sexual Harassment in Our Schools (1993)Nan Stein and Nancy L. Marshall and Linda R. Tropp
Hostile Hallways: The AAUW Survey on Sexual Harassment in America's Schools (1993)
Institutions of Higher Education
"Female Faculty Members and Students at Harvard Report Sexual Harassment" (1983)Nina McCain
Harassment by School Employees
"Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (1997)
Pallett v. Palma, U.S. District Court (1996)
Rosa H. v. San Elizario Independent School District, U.S. Court of Appeals for the Fifth Circuit (1997)
Harassment by Peers
Bruneau v. South Kortright Central School District, U.S. District Court (1996)
"Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (1997)
Rowinsky v. Bryan Independent School District, U.S. Court of Appeals for the Fifth Circuit (1996)
Same-Sex Harassment
"Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (1997)
When The Very Young Are Accused of Harassment
"6-Year-Old's Sex Crime: Innocent Peck on Cheek" (1996)Adam Nossiter
"Kiss Leads to a Policy Revision" (1996)
"Harassment in 2d Grade? Queens Kisser is Pardoned" (1996)Norimitsu Onishi
Sexual Harassment and Academic Freedom
"First Amendment: Do 'Hostile Environment' Charges Chill Academic Freedom? Yes: Call It What It Is - Censorship" (1994)Michael S. Greve
"First Amendment: Do 'Hostile Environment' Charges Chill Academic Freedom? No: This Is Teaching?" (1994)Linda Hirshman
"Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (1997)
New Frontiers in Sexual Harassment Law
Sexual Harassment in Housing
Fair Housing Act (1968)
"Home Is No Haven: An Analysis of Sexual Harassment in Housing" (1987)Regina Cahan
"Regulations Relating to Housing and Urban Development, Discriminatory Conduct under the Fair Housing Act, Housing Practices" (1989)
DiCenso v. Cisneros, U.S. Court of Appeals for the Seventh Circuit (1996)
Sexual Harassment in Other Contexts
Unruh Civil Rights Act (1994)
The Supreme Court's Decisions from 1998
Oncale v. Sundowner Offshore Services, Inc., U.S. Supreme Court (1998)
Burlington Industries, Inc. v. Ellerth, U.S. Supreme Court (1998)
Faragher v. City of Boca Raton, U.S. Supreme Court (1998)
Gebser v. Lago Vista Independent School District, U.S. Supreme Court (1998)
Index