Unwelcome and Unlawful: Sexual Harassment in the American Workplace / Edition 1

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Overview

Nearly every American woman will, at some point during her working life, be sexually harassed, according to Raymond F. Gregory, a lawyer specializing in employment and discrimination law. Unwelcome and Unlawful provides information for those victims as well as for those suffering same-sex harassment and for male victims of sexual harassment. Gregory analyzes sexual harassment from the perspective of existing federal law and describes the legal rights that may be asserted by victims of harassment to obtain either injunctive or monetary relief. Conduct of a sexual nature that occurs in normal workplace socialization is generally not unlawful, but it will be considered to have crossed the line of legality if it is unwelcome and is sufficiently severe or pervasive to undermine an employee's work life. Questions typically arising in a sexual harassment case include:*What types of workplace conduct are classified as sexually harassing?*When is sexual conduct considered unwelcome?*When is sexual conduct perceived as severe or pervasive?*What are the obligations of an employee to report acts of sexual harassment?*If sexual harassment is proven, what monetary damages and other relief may the victim expect to be awarded?*When is an employer liable for acts of sexual harassment committed by its workers and supervisors?*What privacy rights does an employee claiming sexual harassment have?By clarifying little-understood aspects of the law barring sexual harassment, the author presents an indispensable resource for victims seeking to learn what to expect from the legal system if they contest the actions of their harassers in the courts.
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Editorial Reviews

From the Publisher
"Employment and discrimination attorney Gregory believes that most working American women encounter sexually harassing situations at some point in their careers. His book aims to help readers recognize what constitutes sexual harassment under the law and understand what to do about it. . . . The author uses actual cases as illustrations and is particularly adept at putting harassment law in the context of social and cultural changes. Highly recommended."—Library Journal, July 2004

"Gregory eloquently uses the essence of dozens of precedent-setting appellate cases to elucidate the major legal theories in sexual harassment litigation. By using a style that is not too academic, the author helps trial attorneys and their clients recognize the themes in the fact patterns and understand the rational underpinnings of the often confusing court decisions. If a client, friend, or relative is contemplating a sexual harassment claim, he or she should read this book and relive the experience of people who have walked down that road. . . . This is an important addition to the sexual harassment law library. The author synthesizes a quarter-century of legal developments."—Mary Dryovage, Trial, October 2004

"Unwelcome and Unlawful is highly readable and extremely valuable for working women who may experience harassment."—Martha Burk, Chair, National Council of Women's Organizations

"As an expert witness, educator, and activist in the field of sexual harassment prevention, I found Unwelcome and Unlawful extremely useful for women, for lawyers, and for human resource professionals. Raymond F. Gregory has written a very helpful and readable book that combines a thoughtful discussion of legal theory and case law."—K. C. Wagner, Director, Workplace Issues, Cornell-ILR

Library Journal
Employment and discrimination attorney Gregory believes that most working American women encounter sexually harassing situations at some point in their careers. His book aims to help readers recognize what constitutes sexual harassment under the law and understand what to do about it. The author discusses and distinguishes the various kinds of harassment and explains in thorough detail the patterns of conduct that courts find to be "severe and pervasive" enough to act on. Gregory reviews the responsibilities of the employer and the harassed employee and explains the relief available if harassment is proven. There are also chapters on same-sex harassment and the harassment of men by women. The author uses actual cases as illustrations and is particularly adept at putting harassment law in the context of social and cultural changes. Highly recommended.-Joan Pedzich, Harris Beach LLP, Rochester, NY Copyright 2004 Reed Business Information.
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Product Details

  • ISBN-13: 9780801489273
  • Publisher: Cornell University Press
  • Publication date: 5/15/2004
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 272
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.70 (d)

Table of Contents

Ch. 1 Sexual harassment in the workplace : an overview 8
Ch. 2 Various forms of sexual harassment 19
Ch. 3 The welcomeness issue 35
Ch. 4 Severe or pervasive conduct 47
Ch. 5 A woman's rights when other women are sexually harassed 61
Ch. 6 Sexual harassment in other settings 72
Ch. 7 Gender harassment 82
Ch. 8 The reasonable person and reasonable woman standards 93
Ch. 9 Employer liability for workplace sexual harassment 103
Ch. 10 The employer's duty to prevent and promptly correct acts of sexual harassment 117
Ch. 11 An employee's duty to take advantage of her employer's preventive and corrective measures 131
Ch. 12 Other forms of employer liability 143
Ch. 13 Constructive discharge 156
Ch. 14 Retaliation against workers who charge their employers with sexual harassment 166
Ch. 15 Sexual harassment of men by women 178
Ch. 16 Same-sex sexual harassment 188
Ch. 17 The role of arbitration in sexual harassment cases 201
Ch. 18 Compensatory and punitive damages and other remedies 214
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