Is Harassment Discrimination?

Finally, something nice to say about the New York Times! Margaret Talbot has a terrific article in the NYT Magazine today about how the proliferation of same-sex complaints (especially ones not involving homosexuality) has revealed the incoherence of sexual harassment law.

If these problems have been in evidence for some time now, though, the increase in male-on-male sexual-harassment cases makes them much starker. It underscores the intellectual incoherency of the whole doctrine. It raises the awkward problem of the equal-opportunity harasser. It wreaks havoc with the notion, so central to sexual-harassment law till now, that sexual expression in the workplace hurts women more than men. It casts into bold relief the absence of sexual orientation from Title VII’s list of protected characteristics….

More broadly, the whole paradigm of sexual harassment, and in particular its anchoring in discrimination law, is due for reconsideration.

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  1. Richard October 31, 2002 at 9:58 am | | Reply

    I am doing an argumentative paper in school on weather homosexuality is learned or if it is how you were born. i would love to hear both sides of the issue so if anyone out there has anything that may help me i would greatly apreciate it! thanks so much

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