Sexual Harassment

This chapter explores the origins, development, and current status of workplace sexual harassment law. Sexual harassment law owes its genesis to a combination of grass-roots feminist organizing and legal feminist theorizing. After initial losses in the courts, feminist lawyers and their clients scored significant victories in the court system. Employers and those accused of discrimination soon fought back, including by participating in the development of an extensive system of training and anti-sexual harassment policies that have not proven helpful to targets of sexual harassment. Feminist legal scholars have offered critiques of the courts’ decisions, taking a variety of approaches to increasing the law’s efficacy and extending its reach to encompass the experiences of men, women of color, and sexual minorities. Yet, plaintiffs using Title VII of the Civil Rights Act of 1964, the main federal antidiscrimination statute applicable to sex discrimination in employment, continue to find themselves thrust out of court due to formalistic rules developed in the court system. This has led other scholars to suggest different legal approaches to address this persistent and disturbing form of workplace discrimination. Whether current grass-roots campaigns like the #MeToo movement will prove more effective than prior legal efforts remains to be seen.

Reasonableness in Hostile Work Environment Cases After #MeToo

The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the credibility of the survivor. But this upending of the status quo has occurred almost entirely in the social sphere—and the legal system, where survivors of workplace sexual harassment can seek remedies for the abuse they have suffered, is proving much slower to adapt. While our social presumptions are flipping to center the behavior of the accused instead of the accuser, the legal standard for workplace sexual harassment still focuses squarely on the victim’s reasonableness. In order to bring a legally actionable claim of sexual harassment, a victim must demonstrate that she was objectively and subjectively reasonable in believing that she was subjected to sexual harassment. Even if she succeeds in demonstrating this, if her employer had mechanisms in place to address sexual harassment, she must also demonstrate that her response to her harassment— such as reporting or not reporting the harassment through an employer’s complaint process—was reasonable. This Comment analyzes the effects of the #MeToo movement on federal courts’ definitions of sexual harassment under the existing legal standard. Since reasonableness is a socially-defined term, courts have plenty of room to incorporate shifting conceptions of sexual harassment into their jurisprudence—but many are remarkably slow to do so. While it is too soon to state definitively what effect #MeToo will have on sexual harassment law in the long run, this Comment should leave practitioners and scholars with a clearer picture of the direction circuit courts have taken since #MeToo began.

Rights of Women in Islamic and Pakistan Law and Constitution

Men and women are two important groups universally inhabiting all thesocieties. Pakistan is a patriarchal society where men dominate women in all aspectsof life. Pakistani women’s education, health and working condition lead to theirsubordinate status making them vulnerable to violence and crime. It further reduceswomen’s chances to reach the decision making and authoritative positions in society,like head of the state.In this article we will focus on rights of women in Islamic and Pakistani lawand constitution. i.e● What sort of law has been introduced in Pakistan, whether it is compatible toIslamic law or not?● Family law ordinance 1961● Hudood ordinance● Zina ordinance● Law of evidence● The Honor killing Act 2004● The Protection of Women Act 2006● Laws of sexual Harassment● Law to curb Acid attacks 2011● The Anti Women Social Protection Act 2011● Law on Domestic Violence● The law on Child MarriageKeeping in view all the laws and ordinances it will be assessed whetherwomen’s rights are protected and they are satisfied with their position in the society.It is also said that the laws are mainly formulated by men dominated politicaland legislative institutions. The study of laws and legislative procedures and justicesystems for impact on women will also help to improve the status of women.This paper will discuss laws in Islam and Pakistan, whether they haveimproved the condition of women or otherwise.

Review of the Saudi Anti-Sexual Harassment Law: Evolution and Challenges

Sexual harassment is one of the most debated issues in society. This is mainly because of its prevalence and effects both to the victims and other associated parties. It is a pervasive problem existing in almost every institution, organization and society. Despite its pervasiveness, it can also be elusive and in most cases go unnoticed with the victims suffering in silence. Considering its apparent yet complex nature, there has always been the consistent need to research and understand more about the subject of sexual harassment in an attempt to find effective strategies and solutions for its prevention. However, while it can be complicated and pervasive, sexual harassment is increasingly prevalent in the workplace. This may be due to several factors, including the complex nature that includes the different forms of it, such as verbal, non-verbal or physical sexual harassment nly 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article.