- Title Pages
- Introduction: A Short History of Sexual Harassment
- 1 What Feminist Jurisprudence Means to Me
- 2 Perspective on Sexual Harassment Law
- 3 Alexander v. Yale University An Informal History
- 4 Eradicating Sexual Harassment in Education
- 5 The Ecology of Justice
- 6 Consensual Sex and the Limits of Harassment Law
- 7 Who Says?
- 8 Subordination and Agency in Sexual Harassment Law
- 9 Sexual Labor
- 10 Unwelcome Sex
- 11 Theories of Harassment “Because of Sex”
- 12 What's Wrong with Sexual Harassment
- 13 Sexuality Harassment
- 14 Discriminating Pleasures
- 15 <i>Gay Male Liberation Post</i> Oncale
- 16 The Rights of Remedies
- 17 Employer Liability for Sexual Harassment by Supervisors
- 18 Sex in Schools
- 19 Nooky Nation
- 20 Damages in Sexual Harassment Cases
- 21 The Speech-ing of Sexual Harassment
- 22 The Collective Injury of Sexual Harassment
- 23 Sexual Harassment and the First Amendment
- 24 The Silenced Workplace
- 25 Pornography as Sexual Harassment in Canada
- 26 Free Speech and Hostile Environments
- 27 Slavery and the Roots of Sexual Harassment
- 28 The Racism of Sexual Harassment
- 29 Coercion in At-Will Termination of Employment and Sexual Harassment
- 30 Public Rights for “Private” Wrongs
- 31 <i>Why Doesn't</i> He <i>Leave?</i>
- 32 Dignity, Respect, and Equality in Israel's Sexual Harassment Law
- 33 Dignity or Equality?
- 34 French and American Lawyers Define Sexual Harassment
- 35 Sexual Harassment in Japan
- 36 The Modesty of Mrs. Bajaj
- 37 Sexual Harassment
Toward a Harm-Based Analysis
- (p.138) 10 Unwelcome Sex
- Directions in Sexual Harassment Law
- Yale University Press
This chapter focuses on a feminist triumph in the last quarter of the twentieth century: the legal transformation of unwelcome sexual behavior foisted by relatively powerful men upon relatively less powerful girls and women, in workplaces, in schools, and in the military to a clear-cut deprivation of civil and constitutional rights. This transformation, however, and the speed with which it came about, did not come without costs. One of the costs may be that the sheer rapidity of that transformation has obscured the nature of the harm which unwanted sex visits upon the woman or girl who suffers it. If sexual harassment is a violation of civil rights because it is a form of discrimination, then it appears that the harm lies in the discrimination. Alternatively, if sexual harassment subordinates women, then the harm lies in the substantive inequality that results from it. Either analysis establishes a fit between the worldly phenomenon of harassment and the legal idea of discrimination, but neither rests on nor requires an elucidation of the actual harm.
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