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Issues in Workplace Sexual Harassment Law and Related Social Science Research
Author(s) -
Burns Sarah E.
Publication year - 1995
Publication title -
journal of social issues
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.618
H-Index - 122
eISSN - 1540-4560
pISSN - 0022-4537
DOI - 10.1111/j.1540-4560.1995.tb01317.x
Subject(s) - harassment , statutory law , harm , credibility , law , work (physics) , political science , criminology , sociology , psychology , engineering , mechanical engineering
The law governing sexual harassment in the workplace defines sexual harassment as unwelcome, sex‐based conduct that renders harm through work interactions or creation of a hostile work environment. Unresolved legal 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 by 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, conceptualizing relief, and valuing damage. Social science research (including 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 and case law, the author describes the proof required to establish a claim of workplace sexual harassment, delineates the primary areas of controversy in the law, and discusses the contribution that social science research has made and can make to legal analyses.