Sex Discrimination: Agencies' Handling of Sexual Harassment and Related Complaints: Statement by Richard C. Stiener, Director, Office of Special Investigations. Testimony Before the Subcommittee on Oversight and Investigations Committee on Post Office and Civil Service, House of Representatives

1994 ◽  
Author(s):  
Richard C. Stiener
Keyword(s):  
Sexual Harassment ◽  
House Of Representatives ◽  
Civil Service ◽  
Sex Discrimination ◽  
Post Office

Sexual Harassment of Working Women: A Case of Sex Discrimination

1980 ◽  
Vol 80 (8) ◽  
pp. 1686 ◽  
Author(s):  
Nadine Taub ◽  
Catherine A. MacKinnon
Keyword(s):  
Sexual Harassment ◽  
Working Women ◽  
Sex Discrimination

scholarly journals Recent Developments in Sexual Harassment Law: Towards a New Model

2009 ◽  
Vol 14 (2) ◽  
pp. 189 ◽  
Author(s):  
Anita Mackay
Keyword(s):  
Sexual Harassment ◽  
Sex Discrimination ◽  
Power Imbalance ◽  
Persistent Problem ◽  
New Model ◽  
Senate Committee ◽  
Sexual Harassment Law ◽  
Recent Developments ◽  
Positive Duties ◽  
Males And Females

<p>Despite more than 20 years of sexual harassment being unlawful, it is still a persistent problem in Australian workplaces and one which is grossly under-reported. The law is this area should seek both to redress the harm<br />suffered by the victim and to reduce the power imbalance between males and females. The effectiveness of the Sex Discrimination Act 1984 in achieving these objectives was reviewed by a Senate Committee in 2008.<br />One of its recommendations was for positive duties to be imposed on employers to eliminate sexual harassment. This article outlines how this recommendation might be implemented, and taken further, by shifting the<br />onus away from the victim and onto the more powerful players in any sexual harassment scenario – the harasser, the employer and the community in the relevant workplace.</p>

Commentary on Research Relevant to Sex Discrimination and Sexual Harassment

2008 ◽  
pp. 327-339
Author(s):  
Barbara A. Gutek
Keyword(s):  
Sexual Harassment ◽  
Sex Discrimination

scholarly journals Can Law Address Intersectional Sexual Harassment? The Case of Claimants with Personality Disorders

Laws ◽  
2019 ◽  
Vol 8 (4) ◽  
pp. 34 ◽  
Author(s):  
Karen O’Connell
Keyword(s):  
Decision Making ◽  
Sexual Harassment ◽  
Personality Traits ◽  
Personality Disorders ◽  
Sex Discrimination ◽  
Case Law ◽  
Feminist Perspective ◽  
Prevalence Rates ◽  
Legal Practice ◽  
The Law

Sexual harassment across multiple grounds, including race, disability, sexuality and age, remains an entrenched problem that is poorly dealt with in law. Prevalence rates for intersectional sexual harassment are higher for certain groups, while legal redress is low. This paper examines case law on sexual harassment in Australia where there are intersectional factors and asks whether the “intersectionality” section inserted into the federal Sex Discrimination Act in 2011 has impacted legal practice and decision-making. In particular, it considers the situation of sexual harassment claimants with behavioural and personality traits that are considered “disordered” and the specifically gendered disability stereotypes that shape their treatment in law. Recent cases in Australia dealing with the sexual harassment of people with personality disorders show that intersectionality provisions of sexual harassment laws may in fact be used to undermine a legal claim by a person with disability rather than strengthen it. This article argues that an intersectional legal feminist perspective on harassment is needed for the law to work.

scholarly journals Negotiating Respect: Sexual Harassment and the Law in Hong Kong

2005 ◽  
Vol 7 (1-4) ◽  
pp. 127-168
Author(s):  
Carole J. Petersen
Keyword(s):  
Sexual Harassment ◽  
Chinese Women ◽  
Current Model ◽  
Sex Discrimination ◽  
Public Hearing ◽  
Power Imbalance ◽  
Equal Opportunities ◽  
Statutory Duty ◽  
Systemic Impact ◽  
The Law

This article critiques the sexual harassment provisions of Hong Kong's Sex Discrimination Ordinance , as well as the enforcement model. Although the judiciary has had some opportunity to interpret the Ordinance, most complaints never reach the courts because the Equal Opportunities Commission has a statutory duty to attempt to conciliate a complaint before granting legal assistance. When the Ordinance was enacted it was widely assumed that Chinese women would prefer confidential conciliation to a public hearing. However, interviews with past complainants and representatives of women's organizations reveal that many complainants find conciliation conferences to be extremely stressful. They also feel demeaned and disempowered by what is effectively an obligation to negotiate with the respondent. The author concludes that the current model exacerbates the power imbalance between complainants and respondents and limits the systemic impact of the law. She argues that an informal and inexpensive Equal Opportunities Tribunal should be created. This would allow those complainants who are willing to try their complaints to proceed directly to a hearing, without any obligation to first participate in conciliation.

Harassment, Sexual Harassment, and the Employment Equality (Sex Discrimination) Regulations 2005

2006 ◽  
Vol 35 (2) ◽  
pp. 161-178 ◽  
Author(s):  
Linda Clarke
Keyword(s):  
Sexual Harassment ◽  
Sex Discrimination ◽  
Employment Equality
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