Sexual Harassment Readings

March 31:

• Case: Meritor Savings Bank v. Vinson (1986). Excerpts from Justice Rehnquist, Opinion of the Court, and concurrence by Justices Marshall, Brennan, Blackmun, and Stevens. Weisberg, 740-748.
• Case: Ellison v. Brady (1991). Excerpts from Circuit Judge Beezer, Opinion of the Court, and District Judge Stephens, dissenting. Weisberg, 749-754.
• Martha Chamallas. "Feminist Constructions of Objectivity: Multiple Perspectives on Sexual and Racial Harassment Litigation." Weisberg, pp 808-825.
• Michael Weiss. "Sexual Harassment Definitions Discriminate Against Men." Sexual Harassment. Ed. Carol Wekesser. San Diego: Greenhaven Press, 1992. 179-187.

April 2:

• Susan Estrich. "Sex at Work." Weisberg, pp 755-778.
• Jeffrey Toobin. "The Trouble with Sex." New Yorker, 9 February 1998: 48-55.

Written Assignment (due April 2): Answer all parts of the following three questions fully; when referring to the readings, cite properly, including page numbers.

Consider the following three situations (used in sexual harassment training workshops):

1. Diane is one of two women in production. Whenever she wears a dress to work, Ethan, her manager, comments on "what great legs she has." Diane is obviously annoyed by this and lets him know. When Ethan suggested they go out for drinks to discuss her promotion, she agreed, only to find that his conversation was peppered with remarks about being "friendlier" if she wanted to make it in the field.
2. Mary confides in you, the manager, that she saw Erma, an administrative assistant, exchanging kisses with a supervisor from her department under the mistletoe at the annual Christmas party.
3. A group of male technicians were laughing and commenting over a very provocative advertising poster from a supplier that Sam was holding up for all to see. Marie, a clerk who was sitting nearby sees this and asks them to stop their "disgusting remarks." The laughter continues and she walks out of the room. Although no more posters appear, she is referred to as "Sister Marie" from the "Convent of the Censors."

A. Which of these situations do you think would constitute sexual harassment? For each, explain why it would or would not be considered sexual harassment.

B. Would you advise any of these women to take her case to court? Why or why not? If you did advise court action, which of the two types of sexual harassment charges would apply? Explain why. Explain whether or not you think any of the women could win a court case? Why or why not? NB: for the questions in this section, draw on the Estrich and Chamallas articles to back up your points.

C. Would Weiss or Toobin interpret any of the above situations as sexual harassment? Why or why not? Why do both of these writers oppose existing sexual harassment laws?

Additional Links on Sexual Harassment

• "What's a Reasonable Woman to Do? The Judicial Rhetoric of Sexual Harassment", by Frances J. Ranney. NWSA Journal Volume 9, Number 2.
• Sexual Harassment at Work: A Home Study Course for Employers and Employees, by H. Glenn Boggs II, J.D. (a course on sexual harassment law, complete with concluding true/false examination)
• "Sexual Harassment: It's Not Academic" (a government pamphlet on sexual harassment in schools)
• "The Myth of the Plague of Sexual Harassment" by Timothy Robert Anaya (a popularizing attack written by a self-styled conservative political science major at Santa Clara University)