- 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
Legal and Psychological Constructions of Women's Resistance to Sexual Harassment
- (p.94) 7 Who Says?
- Directions in Sexual Harassment Law
Louise F. Fitzgerald
- Yale University Press
This chapter argues that the way in which the law interprets welcomeness—in particular, the insistence that only certain acts “count” as resistance and certain behaviors “imply” consent—reflects a stubbornly androcentric view of female sexuality and men's right of access. Tenaciously maintained despite consistent empirical evidence to the contrary, this view legitimizes men's ability to define reality for their own interests—to have sex when they want it and say that women want it, too, even when women say that they do not. It is further argued here that the welcomeness inquiry is superfluous in most cases and wrongly posed in others; rather than requiring a woman to demonstrate that the man's behavior was offensive, such inquiries should focus on what he did to ascertain that he was welcome.
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