scholarly journals Legal design and reporting harassment: preliminary considerations on the comparative efficacy of u.s. and Brazilian sexual harassment law

Author(s):  
Augustus B. Cochran III

Laws against sexual harassment have been called “a feminist success story” (Zippel 2003). The creation of legal prohibitions against the histo ic and still widespread abuse of sexual harassment indeed represents a stirring story of innovation, both in the United States,where the problem was first dealt with as a legal matter, and now as a nearly universally recognized social problem. The effectiveness of these laws, however, remains a contentious subject, especially the question of whether policies are shaped to realistically deal with the conduct of perpetrators and the way targets actually respond. The variations in national laws present an opportunity to compare and contrast the contours of different legal responses to this problem and perhaps identify policy designs that are most effective in combating this misconduct. To this end, this paper sketches the different legal prohibitions in place in the U.S. and Brazil and explores the likely counter-reactions that these policies might encourage in sexual harassment victims.

2005 ◽  
Vol 7 (1-4) ◽  
pp. 29-85
Author(s):  
Joseph M. Kelly ◽  
David D. Kadue ◽  
Robert J. Mignin

Sexual harassment litigation has increased significantly within the United States. It is a cause of action that was created by the judiciary to enable an employee to work in an atmosphere free from a sexually hostile environment. Some parameters of U.S. sexual harassment law are still unclear, but the law now applies to men and women, and the burden of proof has gradually been eased. Under judge-made law, an employer will always be liable when harassment culminates in a tangible employment detriment. The employer is also automatically liable when a supervisor creates a hostile environment, unless the employer can prove that it has taken reasonable steps to prevent or correct harassment and that the employee unreasonably failed to use the employer's anti-harassment procedures. Employers are also liable for harassment perpetrated by supervisors, co-workers and non-employees if the employer is negligent in failing to prevent or correct harassment. Employers are thus well advised to formulate and enforce an anti-harassment workplace policy that allows a complainant to have a thorough, impartial and prompt investigation of any allegation of harassment. Complainants can elect to use federal-law and state-law remedies for sexual harassment/discrimination. The state law, unlike the federal, may allow unlimited tort-like damages. A complainant may also allege common law causes of action such as infliction of emotional distress.


2021 ◽  
Vol 31 (1) ◽  
pp. 60-93
Author(s):  
Anne Marie Burke

After the Larry Nassar and USA Gymnastics scandal surfaced in 2016, the United States enacted a federal act titled “Protecting Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.” This Act requires immediate mandatory reporting to the U.S. Center for SafeSport for any alleged child abuse of an amateur athlete who is a minor. An increasing amount of legislation is being passed to address sexual harassment and abuse in sports in the United States; however, the International Olympic Committee (IOC), which governs the Olympic Movement, is lacking in its sexual harassment and abuse policies. This article will address how the IOC’s sexual harassment and abuse policies are not as robust as they should be. The amount of attention that the Olympics receives worldwide gives the IOC a global platform to be a leader in taking a stance on sexual harassment and abuse policies.


Daedalus ◽  
2020 ◽  
Vol 149 (1) ◽  
pp. 213-221
Author(s):  
Catharine A. MacKinnon

The distinction between formal and substantive equality is theorized then illustrated by sexual harassment law in the United States and in international legal developments. The convergence of sexual harassment concepts with prostitution, hence of sex discrimination law with the Nordic/Equality Model, is explained and explored.


2017 ◽  
Vol 6 (1) ◽  
pp. 234 ◽  
Author(s):  
Samantha D. Farquhar ◽  
Sebastian M. Sims ◽  
Shu-Jiao Wang ◽  
Kiera S. Morrill

As wild capture fisheries continue to be exhausted worldwide, aquaculture is being looked as the sustainable solution to meet the global fisheries demand. China is one of the most successful countries in the world when it comes to aquaculture. They produce more fish than they catch, simultaneously providing for their own country and the rest of the world. By contrast, the United States imports over 90% of its fisheries; its aquaculture industry meeting only 5% of the country’s total demand of fish. While the United States prides itself on being a world leader in several fronts, aquaculture is certainly not one of them. This makes anyone question: why is China’s aquaculture so successful? This manuscript works to answer this question briefly by identifying and exploring three notable characteristics of China’s aquaculture industry: (1) history; (2) size and diversity; and (3) government support and research. It goes on to suggest how the U.S. can improve it aquaculture industry based on the Chinese success story.


Author(s):  
Rosina Lozano

An American Language is a political history of the Spanish language in the United States. The nation has always been multilingual and the Spanish language in particular has remained as an important political issue into the present. After the U.S.-Mexican War, the Spanish language became a language of politics as Spanish speakers in the U.S. Southwest used it to build territorial and state governments. In the twentieth century, Spanish became a political language where speakers and those opposed to its use clashed over what Spanish's presence in the United States meant. This book recovers this story by using evidence that includes Spanish language newspapers, letters, state and territorial session laws, and federal archives to profile the struggle and resilience of Spanish speakers who advocated for their language rights as U.S. citizens. Comparing Spanish as a language of politics and as a political language across the Southwest and noncontiguous territories provides an opportunity to measure shifts in allegiance to the nation and exposes differing forms of nationalism. Language concessions and continued use of Spanish is a measure of power. Official language recognition by federal or state officials validates Spanish speakers' claims to US citizenship. The long history of policies relating to language in the United States provides a way to measure how U.S. visions of itself have shifted due to continuous migration from Latin America. Spanish-speaking U.S. citizens are crucial arbiters of Spanish language politics and their successes have broader implications on national policy and our understanding of Americans.


2018 ◽  
Vol 47 (3) ◽  
pp. 130-134

This section, updated regularly on the blog Palestine Square, covers popular conversations related to the Palestinians and the Arab-Israeli conflict during the quarter 16 November 2017 to 15 February 2018: #JerusalemIstheCapitalofPalestine went viral after U.S. president Donald Trump recognized Jerusalem as the capital of Israel and announced his intention to move the U.S. embassy there from Tel Aviv. The arrest of Palestinian teenager Ahed Tamimi for slapping an Israeli soldier also prompted a viral campaign under the hashtag #FreeAhed. A smaller campaign protested the exclusion of Palestinian human rights from the agenda of the annual Creating Change conference organized by the US-based National LGBTQ Task Force in Washington. And, UNRWA publicized its emergency funding appeal, following the decision of the United States to slash funding to the organization, with the hashtag #DignityIsPriceless.


Author(s):  
Richard F. Kuisel

There are over 1,000 McDonald's on French soil. Two Disney theme parks have opened near Paris in the last two decades. And American-inspired vocabulary such as “le weekend” has been absorbed into the French language. But as former French president Jacques Chirac put it: “The U.S. finds France unbearably pretentious. And we find the U.S. unbearably hegemonic.” Are the French fascinated or threatened by America? They Americanize yet are notorious for expressions of anti-Americanism. From McDonald's and Coca-Cola to free markets and foreign policy, this book looks closely at the conflicts and contradictions of France's relationship to American politics and culture. The book shows how the French have used America as both yardstick and foil to measure their own distinct national identity. France has charted its own path: it has welcomed America's products but rejected American policies; assailed Americ's “jungle capitalism” while liberalizing its own economy; attacked “Reaganomics” while defending French social security; and protected French cinema, television, food, and language even while ingesting American pop culture. The book examines France's role as an independent ally of the United States, but he also considers the country's failures in influencing the Reagan, Bush, and Clinton administrations. Whether investigating France's successful information technology sector or its spurning of American expertise during the AIDS epidemic, the book asks if this insistence on a French way represents a growing distance between Europe and the United States or a reaction to American globalization. Exploring cultural trends, values, public opinion, and political reality, this book delves into the complex relationship between two modern nations.


Author(s):  
Timothy Matovina

Most histories of Catholicism in the United States focus on the experience of Euro-American Catholics, whose views on social issues have dominated public debates. This book provides a comprehensive overview of the Latino Catholic experience in America from the sixteenth century to today, and offers the most in-depth examination to date of the important ways the U.S. Catholic Church, its evolving Latino majority, and American culture are mutually transforming one another. This book highlights the vital contributions of Latinos to American religious and social life, demonstrating in particular how their engagement with the U.S. cultural milieu is the most significant factor behind their ecclesial and societal impact.


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