- 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
Dignity or Equality?
Dignity or Equality?
Responses to Workplace Harassment in European, German, and U.S. Law
- (p.582) 33 Dignity or Equality?
- Directions in Sexual Harassment Law
- Yale University Press
This chapter discusses the legal reactions to sexual harassment in Europe, particularly in the European Union and in Germany. These reactions have been based on dignity as the fundamental right of men and women that has been violated in such cases. German and European law conceptualize law against sexual harassment differently from the United States, where jurisprudence is based on a specific interpretation of the right to equality. In the tradition of liberal philosophy, dignity and equality have been distinguished. Dignity, as part of liberty, has been interpreted as a principle and a right categorically distinct from equality, which has been seen as a principle and a right based on symmetrical comparison. In law, this not only leads to a distinction between liberty interests and equality rights but results in a hierarchical relation between the two.
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