Jump to ContentJump to Main Navigation
Directions in Sexual Harassment Law$
Users without a subscription are not able to see the full content.

Catharine A. MacKinnon and Reva B. Siegel

Print publication date: 2003

Print ISBN-13: 9780300098006

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300098006.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in YSO for personal use (for details see http://www.yale.universitypressscholarship.com/page/privacy-policy).date: 22 November 2017

Theories of Harassment “Because of Sex”

Theories of Harassment “Because of Sex”

Chapter:
(p.155) 11 Theories of Harassment “Because of Sex”
Source:
Directions in Sexual Harassment Law
Author(s):

William N. Eskridge Jr.

Publisher:
Yale University Press
DOI:10.12987/yale/9780300098006.003.0012

This chapter discusses the limits of Title VII, in particular, where it “draws the line” between impermissible workplace sexual harassment and permissible, even if squalid, misconduct. The statute does not clearly tell the Equal Employment Opportunity Commission (EEOC) or the courts where to draw the line, owing in part to the ambiguity of the word “sex,” in part to the lack of a clear policy underlying the prohibition, and in part to the importance of context in drawing such lines. The different meanings and interpretations of sex can entail more than one underlying policy of Title VII, and the application of any one definition or any one policy is influenced by the interpreter's factual and normative understandings. Given these multiplicities, the statutory analysis is mobile, uncertain, and therefore manipulable.

Keywords:   ambiguity, sex, Title VII, EEOC, importance of context, normative understandings, multiplicities, statutory analysis

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.