Volume 11, Number 4, 253-262, DOI: 10.1023/A:1027344509132

Defining the Problem and Problems of Definition: Legal Standards for Expanding Issues in Sexual Harassment

Cynthia F. Cohen and Murray E. Cohen

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Abstract

Sexual harassment has been a difficult area of legal interpretation. Legal frameworks used in other areas of Title VII of the Civil Rights Act have not been used in the development of standards by which to judge on the job harassment. Specific difficulties analyzed are the status of group versus individual protection, the notion that harassment is a correctable violation, problems of defining a hostile environment and determining harm, adverse effects on third parties, harassment without sexuality, and same sex harassment. Disagreements between the Circuit Courts and the EEOC are highlighted and effects on individuals and organizations are discussed. Suggestions for organization policy are made.

sexual harassment - Civil Rights Act - Title VII - hostile environment - same sex harassment - Equal Employment Opportunity Commission

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