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Vol 24 No 2 Feb/March 2019

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Sexual Harassment in the Workplace

ISBN13: 9789041195128
ISBN: 9041195122
Published: December 1999
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print

Sexual harassment is the fastest-growing category of employment litigation in the United States. At the root of recent class actions against several major corporations and the subject of three significant Supreme Court decisions during 1998, sexual harassment litigation is an area of legal practice where much remains unsettled and few claims can be confidently met with established defenses or remedies. Because of its potential for ad hoc outcomes that lead to ever-greater legal instability, the question of sexual harassment in the workplace requires sustained attention by policymakers in both business and government and by academics. It was in order to promote this crucial endeavour that New York University's Annual Conference on Labor for 1999 chose this issue as its theme. This long-standing, influential conference is a forum for bringing together legal practitioners, academics and researchers, government officials, representatives of companies and labour unions, and human resources specialists to explore solutions to problems in the American workplace.;This symposium addresses such provocative questions as: to what extent can sexual harassment claims be meaningfully addressed by existing laws such as the National Labor Relations Act and state and federal anti-discrimination statutes?; are employer sexual harassment policy initiatives on a collision course with the First Amendment?; what rights do accused employees have?; when are employers liable for sexual harassment?; can investigations of sexual harassment claims be conducted meaningfully without violating legitimate confidentiality privileges?; and is company systemic relief possible through negotiated resolutions? The text also includes discussions of the valuable role that social science methodologies and alternative dispute resolution techniques can play in fostering an environment where sexual harassment is better understood and effectively dealt with.

Editor's Preface. Center for Labor and Employment Law at NYU School of Law. Part One: The Substantive Law of Sexual Harassment in the Workplace -- at the `Cutting Edge'. A. `Mapping' Sexual Harassment. I. Relationship to Other Forms of Gender Discrimination. II. `Same Sex' Harassment and Sexual Favoritism. III. Sexual Harassment: The Labor Law Dimension. B. Employer Liability for Supervisor Conduct. C. Sexual Harassment Liability and the First Amendment. Part Two: The Litigation of Sexual Harassment Claims. A. Investigating a Sexual Harassment Claim: Legal and Ethical Issues. B. Rights of Accused Employees. C. Discovery, Evidence and Damage Issues. D. Use of Experts. Part Three: Employer Policies for Addressing Sexual Harassment and ADR Techniques. A. What Companies Are Doing on their Own. B. Uses of ADR.