SOCIAL ANALYTIC JURISPRUDENCE IN SEXUAL HARASSMENT LITIGATION - THE ROLE OF SOCIAL FRAMEWORK AND SOCIAL FACT

This article discusses an approach for resolving sexual-harassment lit igation that relies on valid social scientific findings. The approach applies social analytic jurisprudence, which utilizes social fact and social framework information to assist the courts in recognizing when social-sexual misconduct rises to the level prohibited by Title VII la w. The paper describes how social fact and social framework evidence c an assist judges and juries in determining whether the alleged miscond uct is so severe and pervasive that it creates a hostile work environm ent from the perspective of a reasonable victim of harassment, The pap er argues that the courts need social science evidence to apply the re asonable woman test in a just and consistent manner. It gives examples of how social framework and social fact information can address relev ant issues in hostile work environment disputes and concludes with som e comments on how research can be conducted to address these issues.