Coercion in At-Will Termination of Employment and Sexual Harassment
Coercion in At-Will Termination of Employment and Sexual Harassment
This chapter illustrates how sexual harassment comes out as a clear and significantly successful progressive reform. In the workplace, there is no general legal redress against a personally hostile workplace environment. The employment relation insulates the employer from tortious action for many of the injurious circumstances that would customarily be considered tortious if occurring between neighbors or strangers due to the legal nature of the relation as a contractual one. The at-will contract prevents most tort claims against employers under an ideology that had the victims of harassment wanted protection against harassment, they should have bargained for protection in the terms of an already unspoken contract, or that if the circumstances become too objectionable, they can always quit. In the workplace, an employer's abuse of power is usually left without legal redress as a privilege of being an employer and as “part of the natural disorder of work life that cannot be changed.”
Keywords: progressive reform, legal redress, hostile workplace, employment relation, tortious action, at-will contract, abuse of power, natural disorder
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.
