What is sexual harassment? Individuals in the workforce need to know.
Judicial opinions do not fully inform them, and academic commentary ha
s not linked doctrine to everyday work experience or to an intelligibl
e ethical philosophy that is widely understood and shared. In this Art
icle, Professor Bernstein undertakes to explain sexual harassment usin
g the concept of respect. She argues that a defendant charged with hos
tile environment sexual harassment ought to be held to the standard of
a respectful person. This doctrinal device improves on approaches tha
t now prevail, particularly those emphasizing ''reasonableness.'' Afte
r detailing the shortcomings of current law, Professor Bernstein descr
ibes the virtues of a legal rule that affirms respect. These virtues -
which extend beyond sexual harassment - include the resonance of resp
ect as a value among ordinary people, the history of inclusion based o
n human dignity that informs respect, the orientation of respect aroun
d the conduct of an agent (rather than the reaction of a complainant,
the focus of current rules), and congruence with a tradition, found in
many other areas of American law, of calling on citizens to render re
spect.