ISSUES IN WORKPLACE SEXUAL HARASSMENT LAW AND RELATED SOCIAL-SCIENCE RESEARCH

Authors
Citation
Se. Burns, ISSUES IN WORKPLACE SEXUAL HARASSMENT LAW AND RELATED SOCIAL-SCIENCE RESEARCH, Journal of social issues, 51(1), 1995, pp. 193-207
Citations number
49
Categorie Soggetti
Social Issues
Journal title
ISSN journal
00224537
Volume
51
Issue
1
Year of publication
1995
Pages
193 - 207
Database
ISI
SICI code
0022-4537(1995)51:1<193:IIWSHL>2.0.ZU;2-Q
Abstract
The law governing sexual harassment in the workplace defines sexual ha rassment as unwelcome, sex-based conduct that renders harm through wor k interactions or creation of a hostile work environment. Unresolved l egal issues remain concerning the amount and kind of proof required to establish certain elements of a sexual harassment claim and relating to an employer's legal responsibility for sexually harassing conduct b y someone other than a managing or supervisory employee, Problems also arise in applying the law to the factual circumstances of a specific case, testing the credibility of the parties' claims and proof, concep tualizing relief, and valuing damage. Social science research (includi ng major contributions in this volume) provides important guidance for both the legal and factual determination of a sexual harassment claim , Drawing primarily from federal employment discrimination statutory a nd case law, the author describes the proof required to establish a cl aim of workplace sexual harassment, delineates the primary areas of co ntroversy in the law, and discusses the contribution that social scien ce research has made and can make to legal analyses.