- 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 Gay Male Liberation Post 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 Why Doesn't He Leave?
- 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
The Silenced Workplace
The Silenced Workplace
Employer Censorship Under Title VII
- (p.399) 24 The Silenced Workplace
- Directions in Sexual Harassment Law
Kingsley R. Browne
- Yale University Press
This chapter argues that the definition of hostile-environment harassment under which employers must operate is both broad and vague, and includes “verbal or physical conduct” that is “sufficiently severe or pervasive to alter the conditions of [the victim's] employment and create an abusive working environment.” Under this standard, courts have held that there is no requirement of intent on the part of the alleged harasser or that statements be specifically directed at the plaintiff. Some courts, in fact, have allowed plaintiffs to rely on speech that they heard about only indirectly. Although defenders of the current system typically justify regulation by invoking the most extreme cases of obscene and abusive speech by employees, harassment regulation reaches far beyond the egregious cases.
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