Sexual Harassment 1 - Sexual Harassment and Sex...

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Sexual Harassment and Sex Discrimination Title VII, CRA 1964: prohibits employment discrimination because of race, color, religion, sex, or national origin inclusion of sex ironic lack of legislative history leaves open questions on meaning 3 Desiderata for Theory of Sexual Harassment 1. Sociological understanding 2. Normative assessment 3. Fit complaints to legal remedies
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2 Types of Sexual Harassment (Legal) 1. Quid Pro Quo : supervisor conditions job, pay, promotion or other material benefits of work on employee’s sexual submission 2. Hostile Environment : employee is subject to unwelcome sexual conduct by supervisors, coworkers, clients or customers with “the purpose or effect of unreasonably interfering” with the employee’s ability to work, or “creating an intimidating, hostile, or offensive working environment.” ( EEOC , Meritor Savings v. Vinson ) In both cases, bad treatment, to count as discrimination, must take place “because of sex.” Q: what does “because of sex” requirement mean?
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Proposal 1: Differential treatment of similarly situated men and women (the “differences” model) Sexual harassment is wrong because H, in harassing A because of A’s sex, disadvantages A relative to B, who is not harassed and is of the opposite sex requires that harassment would not have occurred if the plaintiff’s sex had been different requirement usually met by presumption that harassment is expression of sexual orientation of harasser standard case: heterosexual male s.h. female, in case of boorish courtship
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General Problem with Differences Model: what if men and women are differently situated? --When practice that disadvantages women is based on real, as opposed to possibly false stereotype of sex difference, it’s ok: Gilbert v. General Electric (1976)/ Geduldig v. Aiello
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This note was uploaded on 01/15/2012 for the course PHIL 359 taught by Professor Anderson during the Fall '09 term at University of Michigan.

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Sexual Harassment 1 - Sexual Harassment and Sex...

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