Creating Masculine Identities: Harassment and Bullying 'Because of Sex'

Abstract

This article focuses on four fact patterns that confuse courts, scholars and employment lawyers in hostile work environment law. It employs masculinities theory and new research on the gendered nature of bullying to explain why the harassment in these fact patterns occurs because of sex. In the first scenario, men harass women in traditionally male jobs, but the harassment is not directed specifically at the women. In the second, men harass other men who apparently do not conform to socially-accepted gender norms of masculinity. In the third, men harass other men, apparently hazing newcomers or engaging in "horseplay" with established workers. In the fourth, men harass women using means that are not sexual or gendered.

Keywords: bullying, harassment, hostile work environment, because of sex, Title VII, Oncale,

JEL Classification: J70, J71, J78, K10, K19, K31