- 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
- (p.201) 14 Discriminating Pleasures
- Directions in Sexual Harassment Law
- Yale University Press
This chapter discusses the relevance of Oncale v. Sundowner Offshore Services, Inc., and the Supreme Court's announcement that same-sex sexual harassment can be actionable sex discrimination under federal antidiscrimination law. As a strike against male supremacy, Oncale is an important step forward for sex equality rights, including the rights of lesbians and gay men. For the first time ever, the Supreme Court has made antigay discrimination, in the form of sexual violence at least, subject to judicial notice and action as a matter of sex equality law. It is still possible, however, that courts will allow themselves to be blinded by their own commitments to male supremacist norms, and so not recognize that the context-sensitive judgments Oncale mandates do not warrant policing same-sex sexual interactions in antigay ways.
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