Download this Paper Open PDF in Browser

Understanding Sexual Harassment Law in Action: What Has Gone Wrong and What We Can Do About it (the Ruth Bader Ginsburg Lecture)

53 Pages Posted: 27 Jan 2007 Last revised: 31 Aug 2008

Vicki Schultz

Yale Law School

Abstract

This article, given as the Fourth Annual Ruth Bader Ginsburg Lecture, analyzes the historical development of sexual harassment law as it has played out in U. S. courts and companies over the past thirty years. I document the simultaneous overinclusiveness and underinclusiveness of the traditional approach, which defines sexual harassment as unwelcome sexual advances. I show the need for a more expansive definition of harassment which turns the focus away from sexuality and places it on the broader work structures and social relations thorugh which gender inequality is produced. I then explore the implications of this change in approach for legal reform and legal scholarship.

Keywords: sex discrimination, sexual harassment, discrimination, gender, employment

Suggested Citation

Schultz, Vicki, Understanding Sexual Harassment Law in Action: What Has Gone Wrong and What We Can Do About it (the Ruth Bader Ginsburg Lecture). 29 T. Jefferson L. Rev. 1 (2006). . Available at SSRN: https://ssrn.com/abstract=959389

Vicki Schultz (Contact Author)

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Paper statistics

Downloads
161
Rank
156,028
Abstract Views
796