This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to the inform-editor@umail.umd.edu. CRS Report for Congress Congressional Research Service, The Library of Congress CRS Reports are prepared for Members and committees of Congress 91-836 L Sexual Harassment in the Workplace: Selected References Jean Bowers Bibliographer, Government and Law Library Services Division November 29, 1991 SUMMARY In the aftermath of the Clarence Thomas confirmation hearings, in which a nominee for the position of U.S. Supreme Court Justice was accused of sexually harassing a subordinate, the issue of sexual harassment in the workplace has exploded. The following is a list of current literature on the general subject of sexual harassment in employment. Aggarwal, Arjun P. Sexual harassment in the workplace. Boston, Butterworths, 1987. 230 p. KE8928.A83 1987 Contents.--Sexual harassment and human rights legislation.-- Characteristics of sexual harassment.--Taking legal action--a predicament for the victim.--Employer's liability for sexual harassment of employees.-- Remedies available to the victim.--Prevention of sexual harassment.-- Unions and sexual harassment. Barnett, Edith. Sexual harassment: a continuing source of litigation in the workplace. Trial, v. 25, June 1989: 34-38. LRS89-6328 "Article discusses the current state of the law as set forth by the EEOC in a recently issued policy guidance memorandum and in recent court decisions in three of the areas left open by the Supreme Court's 1986 Vinson decision. Bennett-Alexander, Dawn D. Hostile environment sexual harassment: a clearer view. Labor law journal, v. 42, Mar. 1991: 131-143. LRS91-2872 "The intent of this article is to shed more light on what constitutes hostile environment sexual harassment and what kinds of evidence may be adduced to show that the actions of a defendant are either welcome or unwelcome." Browne, Kingsley, R. Title VII as censorship: hostile-environment harassment and the first amendment. Ohio State law journal, v. 52, no. 2, 1991: 481-550. LRS91-8182 Examines "the extent to which the broad definition of 'hostile work environment' adopted by the courts in harassment cases establishes a content-based--even viewpoint-based restriction of expression that is inconsistent with contemporary first amendment jurisprudence." Bryson, Cheryl Blackwell. The internal sexual harassment investigation: self-evaluation without self-incrimination. Employee relations law journal, v.15, spring 1990: 551-559. LRS90-3145 "This article walks the employer through the stages of the internal investigative process, from the proper handling of the initial complaint through remedial action and follow-up at the conclusion of the investigation." Clark, Charles S. Sexual harassment. CQ researcher, v. 1, Aug. 9,1991: 537-56DRS91-7748 "The classic scenario of bosses blackmailing subordinates for sex has steadily broadened. Legally defined sexual harassment now includes lascivious comments, off-color jokes and 'leering,' murky areas that raise debates over freedom of speech. . . many companies have adopted guidelines and grievance procedures. Still, courts are crowded with sexual harassment cases." Connell, Dana S. Effective sexual harassment policies: unexpected lessons from Jacksonville Shipyards. Employee relations law journal, v. 17, autumn 1991: 191-206. LRS91-8171 "This article examines a recent decision, Robinson v. Jacksonville Shipyards, in which the court imposed a comprehensive sexual harassment policy. This article suggests that employers should consider adopting similar policies to better protect themselves from liability for sexual harassment." Connolly, Walter B., Jr. Marshall, Alison B. Sexual harassment of university or college students by faculty members. Journal of college and university law, v. 15, spring 1989: 381-403. LRS89-2059 Article contends that "the United States Supreme Court's decision in Meritor Savings Bank v. Vinson, and the enactment of the Civil Rights Restoration Act of 1987, have presented university administrators with the challenge of designing new or revised guidelines that will both protect students from unwanted sexual advances and discipline faculty members who make such advances, while also protecting those faculty members' rights. Dziech, Billie Wright. Weiner, Linda. The lecherous professor: sexual harassment on campus. Urbana, University of Illinois Press, 1990. 251 p. LC212.862.D95 1990 Partial contents.--Sexual harassment on campus.--Inside the ivy walls.--Contemporary college women, myths and realities. Voices of women, dissonant chorus.-The Lecherous professor.-Women faculty.-- The Future of academe.--Guidelines on sexual harassment.-A Student's guide to legal remedies for sexual harassment. Ehrenreich, Nancy S. Pluralist myths and powerless men: the ideology of reasonableness in sexual harassment law. Yale law journal, v. 99, Apr. 1990: 1177-1234. LRS90-5032 "This Article examines the role of the reasonableness standard in 'hostile work environment' sexual harassment cases under title VII. Estrich, Susan. Sex at work. Stanford law review, v. 43, Apr. 1991: 813-861. LRS91-2600 Article seeks to highlight the author's claim that in sexual harassment suits, "the worst of rape litigation stands more as an example followed than one rejected," and is evidence that sexism continues to exist in the "law's judgement of the sexual relations of men and women." Fechner, Holly B. Toward an expanded conception of law reform: sexual harassment law and the reconstruction of facts. University of Michigan journal of law reform, v. 23, spring 1990: 475-505. LRS90-9857 "This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Ford, Robert C. McLaughlin, Frank. Sexual harassment at work: what is the problem? Akron business and economic review, v. 20, winter 1989: 79-92. LRS89-11136 Looks at "what is known about the nature and extent of sexual harassment in order to initiate more specific discussions and research investigations into exactly what behaviors are sexual harassment and how frequently each of these behaviors occurs in the workplace." Gibbs, Nancy. Office crimes: in a matter of hours, a new vocabulary of laws and risks and expectations entered the language of the factory floor and the tower suite. Time, v. 138, Oct. 21,1991: 52-54, 63-64. LRS91-8806 Defines sexual harassment: "It is an abuse of power in which a worker who depends for her livelihood and professional survival on the goodwill of a superior is made to feel vulnerable." Gladstone, Leslie W. Sexual harassment policy, rules applicable to congressional offices. Oct. 15, 1991. Washington, Congressional Research Service, 1991. 4 p. 91-744 Policy on sexual harassment in congressional offices is governed by House and Senate rules covering employment discrimination, a category that has been interpreted by the Supreme Court to include sexual harassment. Recent actions taken by the House of Representatives and the Senate have provided congressional employees with limited coverage under Federal antidiscrimination laws that protect most public and private employees. Both chambers have established internal enforcement procedures to investigate and adjudicate claims. Kantrowitz, Barbara. Striking a nerve. Newsweek, v. 118, Oct. 21,1991: 34-38, 40. LRS91-8586 "Sexual harassment is a fact of life for millions of American women. When Anita Hill talked last week, they heard themselves--and they're fed up with the fact that men don't get it." Kelly, Liz. Surviving sexual violence. Minneapolis, University of Minnesota Press, 1988. 273 p. HV6561.K45 1988 Partial contents.--Sharing a particular pain, researching sexual violence.--The Knowledge explosion: an overview of previous research.-- I'm not sure what to call it but . . . defining sexual violence.--I'll change it wherever I see it. Klein, Susan R. A survey of evidence and discovery rules in civil sexual harassment suits with special emphasis on California law. Industrial relations law journal, v. 11, no. 4, 1989: 540-577. LRS89-14803 "The author focuses on two issues: the introduction of evidence regarding plaintiffs' past sexual behavior, and court-ordered psychiatric examinations of plaintiffs." Moskal, Brian S. Sexual harassment '80s-style. Industry week, v. 238, July 3, 1989: 22-24, 27. LRS89-6120 "In the '80s a greater proportion of cases involves co-workers rather than boss-subordinate incidents. In addition, sexual harassment today can be more subtle and even more threatening to women than ever before." Neville, Kathleen. Corporate attractions, an inside account of sexual harassment with the new sexual rules for men and women on the job. Washington, Acropolis Books, 1990. 301 p. HF5549.5.S45.N48 1989 Contents.--An inside account of sexual harassment.--The New sexual rules for men and women on the job.--Inside the system. Omilian, Susan M. Sexual harassment in employment. Wilmette, Ill., Callaghan, 1987. 177 p. Contents.--The theory of a sexual harassment case. A prima facie case of sexual harassment.--Employer liability for sexual harassment.--An employer's defenses to sexual harassment.--Other legal theories of sexual harassment.-- Special litigation issues in sexual harassment cases.--The answer to come in sexual harassment cases. Schlozman, Kay Lehman. Sexual harassment of students: what I learned in the library. PS: Political science & politics, v. 24, June 1991: 236-239. LRS91-7220 "When a faculty member harasses a student the abuse is especially severe, for what is violated is not only a relationship of authority but also, appropriately, one of trust." Sepler, Fran. Sexual harassment: from protective response to proactive prevention. Hamline journal of public law and policy, v. 11, spring 1990: 61-78. LRS90-13305 Defines and examines sexual harassment in the workplace and offers a "modest proposal" to eliminate it. Sexual harassment. Business week, no. 3237, Oct. 28, 1991: 30-35. LRS91-8900 Contents.--Out of the shadows: the hearings force business to confront an ugly reality.--Consciousness-raising among 'plain old white boys'.--Six experts suggest ways negotiate the minefield. Bush may have won more than a new justice: by splitting Blacks and feminists, the Thomas fight hurt the Democrats. Women are still paid the wages of discrimination. Sexual harassment or harassment of sexuality? Society, v. 28, May- June 1991: 4-44. LRS91-4224 Contents.--Bared buttocks and Federal cases, by Ellen Frankel Paul.--Sexual harassment and the law, by Lloyd R. Cohen.--Sexual harassment in the church, by Linda C. Majka.--Harassment policies in the university, by Alan Charles Kors.--The victim syndrome, by Jean Bethke Elshtain.--Feminism and sexual harassment, by Nicholas Davidson. Stauffer, Lucia C. Sexual haragsment in the workplace: developments in State tort law. Annual survey of American law, v. 1988, Mar. 1990: 779-824. LRS90-6639 Workers' compensation does not provide relief for non-physical injuries, such as the emotional injuries from sexual harrassment. Furthermore, the workers' compensation scheme does not adequately deter future sexual harassment . . . In contrast, tort remedies provide compensation for emotional injuries. Tort liability also deters future conduct through proof of fault and direct liability." Straugg, Marcy. Sexist speech in the workplace. Harvard civil rights-civil liberties law review, v. 25, winter 1990:1-51. LRS90-2617 "Article offers specific proposals for regulating sexist speech consistent with the Constitution. Strebeigh, Fred. Defining law on the feminist frontier. New York times, Oct. 6, 1991: 28-31, 52-54, 56. LRS91-8175 With her work on sexual harassment and pornography, Prof. Catharine A. MacKinnon is radically changing how women are treated under the American legal system." Thorpe, Joshua F. Gender-based harassment and the hostile work environment. Duke law journal, v. 1990, Dec. 1990: 1361-1397. "The thesis of this [Comment] is the relatively simple proposition that all forms of gender discrimination that affect an employee's work environment are potentially actionable under Title VII without regard to whether they arise from sexual motives." U.S. Congress. House. Committee on Education and Labor. Subcommittee on Employment Opportunities. Joint oversight hearing on the Federal equal employment opportunity complaint process. 101st Congress, 2nd session. Aug. 1, 1990. Washington, G.P.O., 1990. 68 p. HD4903.5.U58 1990 "Committee on Education and Labor Serial No. 101-117" "Committee on Post Office and Civil Service Serial No. 101-63" "We're here today to hear from the individuals who have filed Federal EEO cases in the current system. The purpose of the hearing is to gather information on how the current system works, whether it fails or succeeds in its mission to guarantee a discrimination-free workplace. We'll hear from several witnesses that, for them, the system did not work." U.S. Merit Systems Protection Board. Sexual harassment in the Federal Government: an update. Washington, The Board, 1988. ca. 68 p. in various pagings. RS88-6031 "This current report finds that sexual harassment remains a widespread problem in the Federal workplace. It discusses what Federal agencies and employees have done in response to sexual harassment and provides recommendations for additional corrective actions." Watershed? Not quite: in Everytown, U.S.A., the debate over sexual harassment doesn't herald sweeping change. U.S. News & World Report, v. 111, Oct. 28, 1991: 40-43. LRS91-8805 Discusses what the town of Corning, N.Y. is doing to combat sexual harassment in its places of employment. Wilds, Nancy G. Sexual harassment in the military. MINERVA: quarterly report on women and the military, v. 8, winter 1990:1-16. LRS90-14948 "Despite well-intentioned efforts at high levels in the Department of Defense to eliminate gender discrimination in the workplace, sexual harassment continues to be a serious problem in all the Services." Woods, Maureen P. Flynn, Walter J. Heading off sexual harassment. Personnel, v. 66, Nov. 1989: 45-49. LRS89-14923 "The financial and emotional costs of sexual harassment are high, even when litigation is not involved. The best cure is prevention, which requires human relations professionals to take a proactive approach on behalf of their companies."