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Author: Catharine A. MacKinnon
Publisher: Yale University Press
ISBN: 9780300022995
Category : Law
Languages : en
Pages : 330
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Book Description
A comprehensive legal theory is needed to prevent the persistence of sexual harassment. Although requiring sexual favors as a quid pro quo for job retention or advancement clearly is unjust, the task of translating that obvious statement into legal theory is difficult. To do so, one must define sexual harassment and decide what the law's role in addressing harassment claims should be. In Sexual Harassment of Working Women,' Catharine Mac-Kinnon attempts all of this and more. In making a strong case that sexual harassment is sex discrimination and that a legal remedy should be available for it, the book proposes a new standard for evaluating all practices claimed to be discriminatory on the basis of sex. Although MacKinnon's "inequality" theory is flawed and its implications are not considered sufficiently, her formulation of it makes the book a significant contribution to the literature of sex discrimination. MacKinnon calls upon the law to eliminate not only sex dis- crimination but also most instances of sexism from society. She uses traditional theories in an admittedly strident manner, and relies upon both traditional and radical-feminist sources. The results of her effort are mixed. The book is at times fresh and challenging, at times needlessly provocative. -- https://www.jstor.org (Sep. 30, 2016).
Author: Catharine A. MacKinnon
Publisher: Yale University Press
ISBN: 9780300022995
Category : Law
Languages : en
Pages : 330
Get Book Here
Book Description
A comprehensive legal theory is needed to prevent the persistence of sexual harassment. Although requiring sexual favors as a quid pro quo for job retention or advancement clearly is unjust, the task of translating that obvious statement into legal theory is difficult. To do so, one must define sexual harassment and decide what the law's role in addressing harassment claims should be. In Sexual Harassment of Working Women,' Catharine Mac-Kinnon attempts all of this and more. In making a strong case that sexual harassment is sex discrimination and that a legal remedy should be available for it, the book proposes a new standard for evaluating all practices claimed to be discriminatory on the basis of sex. Although MacKinnon's "inequality" theory is flawed and its implications are not considered sufficiently, her formulation of it makes the book a significant contribution to the literature of sex discrimination. MacKinnon calls upon the law to eliminate not only sex dis- crimination but also most instances of sexism from society. She uses traditional theories in an admittedly strident manner, and relies upon both traditional and radical-feminist sources. The results of her effort are mixed. The book is at times fresh and challenging, at times needlessly provocative. -- https://www.jstor.org (Sep. 30, 2016).
Author: United States. Congress. Senate. Committee on Labor and Human Resources
Publisher:
ISBN:
Category : Sex discrimination against women
Languages : en
Pages : 764
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Book Description
Author: Catharine A. MacKinnon
Publisher: Yale University Press
ISBN: 0300135300
Category : Law
Languages : en
Pages : 746
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Book Description
div When it was published twenty-five years ago, Catharine MacKinnon’s pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century. /DIV
Author: Deborah England
Publisher: NOLO
ISBN: 9781413310498
Category : Business & Economics
Languages : en
Pages : 330
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Book Description
Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.
Author: Sandra F. Sperino
Publisher: Oxford University Press
ISBN: 0190278404
Category : Law
Languages : en
Pages : 233
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Book Description
It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Author: Christine Williams
Publisher: Emerald Group Publishing
ISBN: 1848553706
Category : Business & Economics
Languages : en
Pages : 300
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Book Description
Features sociological research and theory on gender and sexuality in the workplace, and identifies how organizations can achieve a gender-balanced and sexually-diverse work force. This book discusses such topics as: gender discrimination and the wage gap; homophobic and 'gay friendly' workplaces; sexual harassment; and, sex in the workplace.
Author: National Research Council
Publisher: National Academies Press
ISBN: 030903177X
Category : Social Science
Languages : en
Pages : 149
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Book Description
In order to determine whether methods of job analysis and classification currently used are biased by traditional sex stereotypes or other factors, a committee assessed formal systems of job evaluation and other methods currently employed in the private and public sectors for establishing the comparability of jobs and their levels of compensation. A review of sociological and economic literature shows that some differences in the characteristics of workers and in jobs do form a legitimate basis for wage differentials. Nevertheless, there exists a pervasiveness of occupational and job segregation by sex. Given the current operation of the labor market and the existence of a variety of factors that permit the persistence of earning differentials between men and women (e.g., labor market segmentation, job segregation, and employment practices), it would seem that intentional and unintentional discriminatory elements enter into the determination of wages and are not likely to disappear. Use of a job evaluation system is one possible remedy to this situation. While the subjectivity of job evaluation makes job evaluations less than perfect vehicles for resolving pay disputes, they can serve to identify potential wage discrimination. (MN)
Author: Dianne Clode
Publisher:
ISBN:
Category : Civil service
Languages : en
Pages : 76
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Book Description
Author: Tristin K. Green
Publisher: Cambridge University Press
ISBN: 1107142008
Category : Law
Languages : en
Pages : 211
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Book Description
This book uncovers legal shifts founded on misunderstandings about discrimination and describes how law and organizations can do better.
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309470870
Category : Social Science
Languages : en
Pages : 313
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Book Description
Over the last few decades, research, activity, and funding has been devoted to improving the recruitment, retention, and advancement of women in the fields of science, engineering, and medicine. In recent years the diversity of those participating in these fields, particularly the participation of women, has improved and there are significantly more women entering careers and studying science, engineering, and medicine than ever before. However, as women increasingly enter these fields they face biases and barriers and it is not surprising that sexual harassment is one of these barriers. Over thirty years the incidence of sexual harassment in different industries has held steady, yet now more women are in the workforce and in academia, and in the fields of science, engineering, and medicine (as students and faculty) and so more women are experiencing sexual harassment as they work and learn. Over the last several years, revelations of the sexual harassment experienced by women in the workplace and in academic settings have raised urgent questions about the specific impact of this discriminatory behavior on women and the extent to which it is limiting their careers. Sexual Harassment of Women explores the influence of sexual harassment in academia on the career advancement of women in the scientific, technical, and medical workforce. This report reviews the research on the extent to which women in the fields of science, engineering, and medicine are victimized by sexual harassment and examines the existing information on the extent to which sexual harassment in academia negatively impacts the recruitment, retention, and advancement of women pursuing scientific, engineering, technical, and medical careers. It also identifies and analyzes the policies, strategies and practices that have been the most successful in preventing and addressing sexual harassment in these settings.
