- 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 Racism of Sexual Harassment
The Racism of Sexual Harassment
- (p.479) 28 The Racism of Sexual Harassment
- Directions in Sexual Harassment Law
Tanya Katerí Hernández
- Yale University Press
This chapter discusses the court's view of sexual harassment as a transgression without color. Sexual harassers are presumed to be color blind in their selection of victims, and sexual harassment is generally viewed as a civil rights violation in which issues of race are irrelevant. The centrality of racialized gender stereotypes in the manifestation of sexual harassment, however, may indicate that sexual harassment does discriminate by race. Scholars have noted that the operation of racialized gender stereotypes conceptually distinguishes “pure” White women from “wanton” women of color. This is a distinction described by Beverly Balos and Mary Louise Fellows as the “prostitution paradigm,” a consideration of which within the sexual harassment context explains the rationale for the seeming racial disparity in rates of sexual harassment.
Keywords: court's view, sexual harassment, transgression without color, color blind, selection of victims, issues of race, racialized gender stereotypes, Beverly Balos, Mary Louise Fellows, prostitution paradigm
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