Jump to ContentJump to Main Navigation
Directions in Sexual Harassment Law$
Users without a subscription are not able to see the full content.

Catharine A. MacKinnon and Reva B. Siegel

Print publication date: 2003

Print ISBN-13: 9780300098006

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300098006.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 25 May 2022

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

Susanne Baer

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.

Keywords:   legal reactions, European Union, Germany, dignity, fundamental right, jurisprudence, right to equality, liberal philosophy, liberty, symmetrical comparison

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.