Fifty Years after the Passage of Title VII: Is it Time for the Government to Use the Bully Pulpit to Enact a Status-Blind Harassment Statute?
36 Pages Posted: 2 Jul 2016
Date Written: January 1, 2016
Title VII of the Civil Rights Act of 1964 is a powerful weapon against harassment, discrimination, and retaliation. In addition to reaching direct or tangible employment actions involving hiring, termination, promotion, and demotion, it can also protect employees subjected to a hostile working environment — created by unwelcome conduct on the basis of race, gender, color, religion, or national origin that is sufficiently severe or pervasive. There are times, however, when Title VII, because of its jurisdictional and definitional limits, cannot protect an employee who feels trapped in an abusive workplace. Further, Title VII does not apply to employees who are not members of the protected classes mentioned above or those who work for employers with too few employees to be covered by the law. This Article proposes some solutions to one of the gaps in current Title VII jurisprudence.
Keywords: bullying, Title VII, workplace, mediation, therapeutic jurisprudence
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