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- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Number
- 3
- Creator
- Shoenfelt, Elizabeth L.
- Creator
- Maue, Allison E.
- Creator
- Nelson, Joann
- Thesaurus
- seksuele intimidatie, rechtspraak, Verenigde Staten
- Description
- The difference of opnion among the U.S.Circuit Courts of Appeal as to which standard is more appropiate - reasonable person or reasonable woman- is found in the academic literature. This article attemps to determine whether the on-going debate is necessary. That is, does changing the standard even make a difference in a juror's determination of hostile work environment sexual harassment?
institutionalized sexual harassment under 'don't ask, don't tell, don't pursue'
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 1999
- Magazine Number
- 3
- Creator
- Damiano, C.M.
- Thesaurus
- krijgsmacht, seksuele intimidatie, homoseksualiteit
- Description
- This Comment evaluates how the military uses the policy 'Don't Ask, Don't Tell, Don't Pursue' to keep female servicemembers silent when they are sexually abused, harassed, or threatened with sexual abuse or harassment by fellow servicemembers. The military has also used, and continues to use, the policy of discharging female servicemembers when they accomplish non-traditional successes, such as earning an elite position in a field where women are not traditionally successful, or even present. Part I evaluates the policy of 'Don't Ask, Don't Tell, Don't Pursue' to determine how the policy is implemented, and how this implementation contributes to the problem of lesbian baiting in the military. Part II discusses the particulars of lesbian baiting itself, and how the military uses lesbian baiting to keep women in a subservient position in the United States military. Part III examines the recent allegations of sexual harassment in the military and attempts to determine what kind of impact lesbian baiting had on the decisions that female accusers make. Part III also discusses lesbian baiting of women who work in non-traditional fields in the military. Part IV recommends that women must be kept safe from lesbian baiting in the military. The Comment concludes that the military itself, and not solely female servicemembers, would benefit from the eradication of lesbian baiting in the military.
in support of the equal employment opportunity commission's policy statement regarding mandatory arbitration and employment contracts
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 1999
- Magazine Number
- 1
- Creator
- Janeiro, Gina
- Thesaurus
- seksuele intimidatie, arbeidsovereenkomsten
- Description
- Increasing number of employers require their employees to sign pre-dispute agreements mandating that all employment disputes be resolved through binding arbitration. As a result, employers win suits more often than employees through the use of arbitration procedures. The result leaves the employee/victim with little avenue for appeal, because Congress limited the grounds on which federal courts may vacate arbitral award. Arbitration agreements destroy the right of a victim to bring action for sexual harassment in federal district court pursuant to Title VII. The Supreme Court currently allows employers to implement pre-dispute agreements requiring mandatory binding arbitration. However, the Court has not yet clarified whether the Federal Arbitration Act applies to all employment settings and disputes. This Comment advocates the adoption of the Equal Employment Opportunity Commission's ('EEOC') 1997 policy opposing pre-dispute, mandatory binding arbitration agreements for employee's statutory rights, as a condition of employment. Part I explains the scope and purpose behind Title VII of the Civil Rights Act of 1964. Part II demonstrates how employers use and the Supreme Court treats arbitration and employment contracts. Part III explains the EEOC's position and policy statement concerning mandatory arbitration, and the effect that pre-dispute, mandatory arbitration agreements have on Title VII sexual harassment claims. Part IV recommends that courts adopt the EEOC's policy statement. This Comment ultimately argues that at a minimum, procedural changes must be made to the arbitration process in order to make arbitration of Title VII rights more equitable for the victims of sexual harassment.
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2001
- Magazine Number
- 2
- Creator
- Palmer, B.
- Thesaurus
- seksuele intimidatie, macht, Verenigde Staten
- Description
- The purpose of this Article is to suggest that there are reasons to believe Jones' account, and that significant questions of law regarding both quid pro quo and hostile work environment sexual harassment claims could have been decided either way. In addition, this case particularly highlights the role of power differences in sexual harassment. Finally, the appropriateness of dismissal through summary judgment is also open to question.
expanded rules governing liability under title IX of the education amendments of 1972 for student and faculty sexual harassment
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2000
- Magazine Number
- 3
- Creator
- Harris, A.
- Creator
- Grooms, K.B.
- Thesaurus
- seksuele intimidatie, onderwijs, Verenigde Staten
- Description
- The authors examine a number of key practical issues they believe potentially undermine the effectiveness of the 'deliberate indifference' liability standard as a tool to prevent and remedy sexual harassment in educational institutions.
Showing 1-5 of 5 records.