Download or read book Sexual Harassment Decisions of the United States Supreme Court written by Maureen Harrison and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 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 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 United States Reports written by United States. Supreme Court and published by . This book was released on 1985 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Because of Sex written by Gillian Thomas and published by Macmillan + ORM. This book was released on 2016-03-08 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Meticulously researched and rewarding to read...Thomas is a gifted storyteller.” —The New York Times Book Review Best known as a monumental achievement of the civil rights movement, the 1964 Civil Rights Act also revolutionized the lives of America’s working women. Title VII of the law made it illegal to discriminate “because of sex.” But that simple phrase didn’t mean much until ordinary women began using the law to get justice on the job—and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard—a “man’s job”; Mechelle Vinson, who brought a lawsuit for sexual abuse before “sexual harassment” even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school”; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting. These unsung heroines’ victories, and those of the other women profiled in Gillian Thomas' Because of Sex, dismantled a “Mad Men” world where women could only hope to play supporting roles; where sexual harassment was “just the way things are”; and where pregnancy meant getting a pink slip. Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.
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 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 Reckoning written by Linda Hirshman and published by Houghton Mifflin. This book was released on 2019 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first history--incisive, witty, fascinating--of the fight against sexual harassment, from the author of the New York Times bestseller Sisters in Law Linda Hirshman, acclaimed historian of social movements, delivers the sweeping story of the struggle leading up to #MeToo and beyond: from the first tales of workplace harassment percolating to the surface in the 1970s, to the Clinton/Lewinsky scandal--when liberal women largely forgave Clinton, giving men a free pass for two decades. Many liberals even resisted the movement to end rape on campus. And yet, legal, political, and cultural efforts, often spearheaded by women of color, were quietly paving the way for the takedown of abusers and harassers. Reckoning delivers the stirring tale of a movement catching fire as pioneering women in the media exposed the Harvey Weinsteins of the world, women flooded the political landscape, and the walls of male privilege finally began to crack. This is revelatory, essential social history.
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 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 Constructive Discharge and Employers Affirmative Defenses written by and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Use of Social Science Data in Supreme Court Decisions written by Rosemary J. Erickson and published by University of Illinois Press. This book was released on 1998 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.
