Download or read book Sexual Harassment and Violence Against Women written by Charles V. Dale and published by Nova Publishers. This book was released on 2005 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Federal Equal Employment Opportunity law -- Quid pro quo harassment -- Same-sex harassment -- Remedies -- Liability of employers and supervisors for monetary damages -- Vicarious employer liability: the Ellerth/Faragher affirmative defense -- Sexual harassment in the schools -- Violence Against Women Act -- United States v. Lanier.
Download or read book Sexual Harassment and the Law written by Augustus B. Cochran and published by . This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is much more than a story of a single case. It provides a panoramic overview of the role of work in women's lives, a succinct history of employment discrimination law, and a penetrating analysis of the evolution of our views of sexual harassment in the workplace."--Karen O'Connor, author of Women, Politics, and American Society"After Vinson, nothing was the same. Cochran does a masterful job of setting the case in its historical context and exploring its legal impact."--Judith A. Baer, author of Our Lives before the Law: Constructing a Feminist Jurisprudence "Cochran is an exceptional raconteur and his book is comprehensive, thorough, and wonderfully forward-looking."--Nancy Levit, author of The Gender Line: Men, Women, and the Law.
Download or read book Because of Sex written by Gillian Thomas and published by Picador USA. This book was released on 2017-08-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling look at ten of the most important Supreme Court cases defining women’s rights on the job, as told by the brave women who brought the cases to court
Download or read book Sexual Harassment in the United States written by Mary Welek Atwell and published by Peter Lang Us. This book was released on 2020-01-22 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work traces the historical and legal developments surrounding the public awareness of sexual harassment in the United States. The book looks at the issue from a theoretical perspective, analyzes relevant Supreme Court decisions, and discusses the reactions to the testimony of Anita Hill. It further examines sexual harassment in academic settings and the special issues that relate to sexual misconduct in the military. After considering the nexus between sexual harassment and politics, the book concludes with thoughts on the lasting impact of the #MeToo movement.
Download or read book Sexual Harassment in the Workplace Sexuality social relations and the workplace written by Alba Conte and published by Wolters Kluwer. This book was released on 2010-01-01 with total page 6006 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim. Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including: The development and elements of the claim Sample pleadings Discovery documents Reviews of actual cases Special attention is given to important topics such as: Suits by alleged harassers Insurance indemnification Class actions And many others Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv
Download or read book Title IX Grievance Procedures written by and published by . This book was released on 1987 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sexual Harassment written by Paul I. Weizer and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 2002 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is not always clear what actually constitutes «sexual harassment» or how it differs from other types of discrimination based on gender. Often, what is thought of as sexual harassment by one person might be considered simply rude or immature behavior by another. While sexual harassment is a major issue in American workplaces and schools, there is no bona fide consensus as to what sexual harassment really is. This book is designed to bring together material on an issue that is currently troubling most workplaces and schools in the United States: the problem of how to deal with a distressing increase in sexual harassment claims in all areas of American life. It does not attempt to answer all of the questions of how best to prevent sexual harassment while preserving the rights of the accused - no book can provide such answers; rather, it is designed to provide readers with a variety of material to begin the journey of discovering these answers for themselves.
Download or read book Class Action written by Clara Bingham and published by Anchor. This book was released on 2003-10-14 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The true story of Lois Jenson, a petite single mother, who was among the first women hired by a northern Minnesota iron mine in 1975. In this brutal workplace, female miners were relentlessly threatened with pornographic graffiti, denigrating language, stalking, and physical assaults. Terrified of losing their jobs, the women kept their problems largely to themselves—until Lois, devastated by the abuse, found the courage to file a complaint against the company in 1984. Despite all of the obstacles the legal system threw at them, Lois and her fellow plaintiffs enlisted the aid of a dedicated team of lawyers and ultimately prevailed. Weaving personal stories with legal drama, Class Action shows how these terrifically brave women made history, although not without enormous personal cost. Told at a thriller’s pace, this is the story of how one woman pioneered and won the first sexual harassment class action suit in the United States, a legal milestone that immeasurably improved working conditions for American women.
Download or read book Women and Sexual Harassment written by Robert C Berring and published by Routledge. This book was released on 2014-05-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is a valuable guide that saves researchers investigating sexual harassment in the workplace enormous amounts of time and money. Focusing on the hostile environment claim under Title VII of the Civil Rights Act of 1964, Women and Sexual Harassment is a complete resource tool. In one easy-to-use volume, it provides a detailed background and history of the hostile environment claim as well as an extensive guide on how to use and where to find the best resources available on this topic. Unlike some legal books, Chan’s book does not require cover-to-cover reading to access pertinent information. Anyone, whether they are interested in the specifics of the hostile environment claim or sexual harassment in general, will be able to locate the information they’re looking for with the help of this handy guide. It saves enormous amounts of time, effort, and money for researchers by providing extensive listings and evaluations of statutes, cases, agency decisions, law review articles, annotations, and books containing information on this subject. Readers can use the book to get a better understanding of the hostile environment claim or use it like a dictionary to pinpoint the specific resources that will be most useful to their area of research. Women and Sexual Harassment is logically divided into five complete parts to make it easy to use: Part 1: Clearly explains how to best use the book to access specific information. Part 2: Describes the history and present state of the hostile environment claim in a manner that is to the point, yet is more thorough than descriptions of the claim found in articles, cases, or other sources. Part 3: Research guide--Directs researchers to the best sources for information, categorized by type and area. Includes tips that will save hours in the library and will help researchers find the most up-to-the-minute articles and cases. Part 4: Bibliography of primary legal sources--Covers statutes, regulations, and case law on the hostile environment claim and sexual harassment. Part 5: Bibliography of secondary sources--Includes books, articles, surveys, and legislative history. The annotated bibliography, broken down by type of source and type of information, not only points researchers in the right direction but also steers them away from sources that seem valuable from their title, but are in fact not worthwhile. The insightful written analysis of the hostile environment claim alone provides researchers unfamiliar with the subject with a clearly written history and definition of the claim, its key elements, employer liability, statute of limitations, remedies, considerations of discovery and evidence, and related claims. Women and Sexual Harassment is an invaluable guide for all types of researchers including victims of sexual harassment considering filing a hostile environment claim, scholars interested in women’s issues, attorneys unfamiliar with this area, employers interested in limiting their liability by taking steps to prevent sexual harassment in their workplaces, and law students in any level of courses related to sex discrimination or sexual harassment.
Download or read book The Supreme Court and Sexual Harassment written by Paul I. Weizer and published by Lexington Books. This book was released on 2000 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of sexual harassment has received considerable attention in recent years. As responses to this problem have evolved--Paul I. Weizer argues--free speech and due process have become increasingly threatened. Because the Supreme Court has given little guidance, confronting harassment has been difficult and haphazard. The Supreme Court and Sexual Harassment examines the crux between limiting workplace speech and preventing sexual harassment. Weizer argues that the courts need to clarify further the meaning of sexual harassment, and employers need to clarify their own and their employees' speech and due process rights in the workplace. The book offers a lucid examination of how the First Amendment has evolved in the past century, an investigation of comparative areas of unpopular speech, and an analysis of how sexual harassment precedent has developed. Weizer concludes with a proposal for a less restrictive alternative that would prevent true harassment while preserving free expression. Adding another strong voice to the debate on sexual harassment in America, this is an important book for our time.
Download or read book Contemporary Cases in Women s Rights written by Leslie Friedman Goldstein and published by Univ of Wisconsin Press. This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Socialists and Evolutionary Thought, 1870-1920 demonstrates how evolutionary theories fundamentally shaped, and ultimately undercut, the American socialist movement. Mark Pittenger examines the attempts of radicals in the late 19th and early 20th centuries to synthesise the evolutionary ideas of Charles Darwin and Herbert Spencer with socialist philosophy, social theory and political practice. In contrast to authors who have shown the influence of Darwinism on conservative and progressive political ideologies, Pittenger establishes that radicals also took scientific ideas seriously and wanted to link the public fascination with evolution to their own cause.
Download or read book U S Supreme Court Cases on Gender and Sexual Equality written by Christopher A. Anzalone and published by Routledge. This book was released on 2016-07-08 with total page 1107 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes every Supreme Court case relevant to gender and sexual equality from the Court's beginnings in 1787 to the end of the 1999/2000 term. It is a primary document reference book, organized topically in eight chapter civic and social rights and duties; educational policies and instructions; employment and careers; sexual privacy and procreative rights; morality and sexual ethics; family; gender and sexual orientation; and other issues. Every case is included either as a full (edited) version of the majority or per curiam opinion, extensive excerpts of the opinion, or a detailed description of the case. In one book, a researcher can see how American legal history, in its entirety, played out. Back matter includes a table of cases and an extensive bibliography of books and legal periodicals.
Download or read book Sexual Harassment in the Workplace New York University 51st Annual Conference on Labor written by Samuel Estreicher and published by Springer. This book was released on 2002-02-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual harassment is the fastest-growing category of employment litigation in the United States. At the root of recent class actions against several major corporations and the subject of three significant Supreme Court decisions during 1998, sexual harassment litigation is an area of legal practice where much remains unsettled and few claims can be confidently met with established defenses or remedies. Because of its potential for ad hoc outcomes that lead to ever-greater legal instability, the question of sexual harassment in the workplace requires sustained attention by policymakers in both business and government and by academics. It was in order to promote this crucial endeavor that New York University's Annual Conference on Labor for 1999 chose this issue as its theme. This long-standing, influential conference is the premier forum for bringing together legal practitioners, academics and researchers, government officials, representatives of companies and labor unions, and human resources specialists to explore solutions to problems in the American workplace. This valuable symposium addresses such provocative questions as: To what extent can sexual harassment claims be meaningfully addressed by existing laws such as the National Labor Relations Act and state and federal anti-discrimination statutes? Are employer sexual harassment policy initiatives on a collision course with the First Amendment? What rights do accused employees have? When are employers liable for sexual harassment? Sexual Harassment in the Workplace also includes insightful discussions of the valuable role that social science methodologies and alternative dispute resolution techniques can play in fostering an environment where sexual harassment is better understood and effectively dealt with.
Download or read book Sexual Harassment in America written by Laura W. Stein and published by Greenwood. This book was released on 1999-01-30 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A breakthrough collection of key documents on sexual harassment, providing an overview of the development of the concept in America.
Download or read book Sexual Harassment of Working Women written by Catharine A. MacKinnon and published by Yale University Press. This book was released on 1979-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive legal theory is needed to prevent the persistence of sexual harassment. Although requiring sexual favors as a quid pro quo for job retention or advancement clearly is unjust, the task of translating that obvious statement into legal theory is difficult. To do so, one must define sexual harassment and decide what the law's role in addressing harassment claims should be. In Sexual Harassment of Working Women,' Catharine Mac-Kinnon attempts all of this and more. In making a strong case that sexual harassment is sex discrimination and that a legal remedy should be available for it, the book proposes a new standard for evaluating all practices claimed to be discriminatory on the basis of sex. Although MacKinnon's "inequality" theory is flawed and its implications are not considered sufficiently, her formulation of it makes the book a significant contribution to the literature of sex discrimination. MacKinnon calls upon the law to eliminate not only sex dis- crimination but also most instances of sexism from society. She uses traditional theories in an admittedly strident manner, and relies upon both traditional and radical-feminist sources. The results of her effort are mixed. The book is at times fresh and challenging, at times needlessly provocative. -- https://www.jstor.org (Sep. 30, 2016).
Download or read book Sexual Harassment written by LandMark Publications and published by . This book was released on 2017-02-17 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding claims of sexual harassment in the workplace. The selection of decisions spans from 2014 to the date of publication.Title VII of the Civil Rights Act of 1964 prohibits employers from "discriminat[ing] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. � 2000e-2(a)(1). Plaintiffs alleging sex discrimination, including for sexual harassment, may recover on a theory of a hostile work environment. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 73, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). The Supreme Court has construed Title VII to allow hostile work environment claims where the harasser and the victim are of the same sex. Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 82, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998). Smith v. Rock-Tenn Services, Inc., 813 F. 3d 298 (6th Cir. 2016).In general, to prevail on a hostile work environment claim, a plaintiff must show that (1) he or she was a member of a protected class; (2) he or she was subjected to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the charged sexual harassment created a hostile work environment; and (5) the employer is liable. Randolph v. Ohio Dep't of Youth Servs., 453 F.3d 724, 733 (6th Cir.2006). To establish employer liability where the harasser is a coworker, a plaintiff must show that the employer knew or should have known of the conduct and failed to take prompt and appropriate corrective action. E.E.O.C. v. Harbert-Yeargin, Inc., 266 F.3d 498, 518 (6th Cir. 2001). Smith v. Rock-Tenn Services, Inc., ibid. * * * Title IX of the Education Amendments of 1972 provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." See 20 U.S.C. � 1681(a). An implied right of action for such claims lies only "against the educational institution itself." Frazier v. Fairhaven Sch. Comm., 276 F.3d 52, 65 (1st Cir.2002). Morgan v. Town of Lexington, MA, 823 F. 3d 737 (1st Cir. 2016).Sexual harassment in schools can constitute prohibited sex-based discrimination actionable under Title IX where there is a "hostile environment," such that "acts of sexual harassment [are] sufficiently severe and pervasive to compromise or interfere with educational opportunities normally available to students," and relevant school officials with actual knowledge of the harassment "exhibit[] deliberate indifference to [the harassment]." Id. at 65, 66. Student on student harassment can be actionable. Davis ex rel. LaShonda D. v. Monroe Cty. Bd. of Educ., 526 U.S. 629, 643, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). The purportedly illegal acts must be taken "on the basis of sex." See Frazier, 276 F.3d at 66 ("Discrimination on the basis of sex is the sine qua non of a Title IX sexual harassment case, and a failure to plead that element is fatal."). However, "harassing conduct need not be motivated by sexual desire to support an inference of discrimination on the basis of sex." Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998). Morgan v. Town of Lexington, MA, ibid.
Download or read book Sexual Harassment written by Edmund Wall and published by . This book was released on 1992 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on sexual harassment discussing the legal and moral complexity and focusing on opposing views.
