In the first major book on the subject, attorney MacKinnon tackles
the problem of on-the-job sexual harassment of working women, a
practice so common that it seems "natural," strictly "personal," or
"harmless" fun to perpetrators and courts alike. Maintaining that
sexual harassment constitutes discrimination based on sex, and that
courts should find it so, MacKinnon argues her case within both of
the "conceptual frameworks" that guide discrimination law: the
"differences theory" which holds that women shall be treated like
men except where "real" sexual differences exist, and the
"inequality theory" which holds all practices discriminatory that
systematically deprive a sex because of its sex, MacKinnon
patiently builds her own argument, unravels the snarls of existing
legal theory and the kinks (and sheer idiocies) of landmark cases,
and offers illuminating parallels to laws regarding racial
discrimination, rape, and wife abuse. (Appendices for attorneys
include further legal argument on application of sex discrimination
doctrine and a brief applicable to employment or education.) Trying
to appeal to both general readers and legal experts, MacKinnon
fully explains cases and points of law - but, alas, all in a wordy,
passive-voiced legalese that staggers even the most tenacious
reader. Still the book is an important contribution to legal and
political theory and a giant step forward in discrimination law.
(Kirkus Reviews)
Sexual harassment of working women has been widely practiced and
systematically ignored. Men's control over women's jobs has often
made coerced sexual relations the price of women's material
survival. Considered trivial or personal, or natural and
inevitable, sexual harassment has become a social institution.
MacKinnon offers here the first major attempt to understand sexual
harassment as a pervasive social problem and to present a legal
argument that it is discrimination based on sex. Beginning with an
analysis of victims' experiences, she then examines sex
discrimination doctrine as a whole, both for its potential in
prohibiting sexual harassment and for its limitations. Two distinct
approaches to sex discrimination are seen to animate the law: one
based on an analysis of the differences between the sexes, the
other upon women's social inequality. Arguing that sexual
harassment at work is sex discrimination under both approaches, she
criticizes the effectiveness of the law in reaching the real
determinants of women's social status. She concludes that a
recognition of sexual harassment as illegal would support women's
economic equality and sexual self-determination at a point where
the two are linked.
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