Gendered Violence and Work: Reckoning with the Boundaries of Sex Discrimination Law

Columbia Journal of Gender & Law, Vol. 18, p. 61, 2008

57 Pages Posted: 3 Jun 2008 Last revised: 1 Apr 2015

Date Written: June 1, 2008

Abstract

Workplace discrimination based on sex persists despite decades of anti-discrimination law. Domestic and sexual violence survivors' treatment at work often reflects a subtle form of sex discrimination that inevitably informs and distorts workplace decisions involving domestic and sexual violence victims, yet, in many cases, remains legally insignificant. This article proposes an approach that draws on the growing literature documenting cognitive bias. It argues that survivors' experiences at work should be recognized for the ways those experiences reflect subtle gender-based bias. The proposed approach would interrupt the operation of unconscious bias at the points where it most frequently operates and would require evaluation of the actual, rather than presumed, role of abuse. This approach would produce a fuller and more accurate account of discrimination while protecting employers' legitimate interests in both performance and safety.

Keywords: gender, discrimination, domestic violence, sexual violence, workplace, equality

Suggested Citation

Goldscheid, Julie, Gendered Violence and Work: Reckoning with the Boundaries of Sex Discrimination Law (June 1, 2008). Columbia Journal of Gender & Law, Vol. 18, p. 61, 2008. Available at SSRN: https://ssrn.com/abstract=1140246 or http://dx.doi.org/10.2139/ssrn.1140246

Julie Goldscheid (Contact Author)

CUNY School of Law ( email )

2 Court Square Room 6-306
Long Island City, NY 11101
United States
718-340-4507 (Phone)
718-340-4275 (Fax)

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