SEXUAL HARASSMENT: CRITICAL REVIEW OF LEGAL CASES WITH GENERAL PRINCIPLES AND PREVENTIVE MEASURES*
评述了52起法院案例,分析性骚扰索赔的判定标准,涵盖性别基础、就业后果及雇主责任,并总结一般原则、未来趋势和预防措施。
Fifty‐two court cases were reviewed to determine the standards set by the courts for establishing a claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Twenty‐nine are discussed. Three major issues were examined in Part I of the review: (1) the gender‐based nature of sexual harassment at work, (2) the direct and indirect employment‐related consequences that result from the harassment, and (3) the extent of employer liability for the sexually harassing acts of their employees. Part II discussed the general principles that were distilled from the court cases and examined future trends and preventive measures, as well as the role of professionals in future research. A plan of action to combat sexual harassment at the workplace consistent with court interpretations was presented.