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View the Table of Contents. "Concentrating on contentious issues such as severity and
pervasiveness, reasonableness standards, unwelcomeness, causation,
employer liability, and remedies, Beiner highlights the mismatches
between the law and empirical research and suggests both legal
reforms and research questions to close the gap. Written in clear,
compelling prose, the study will enlighten readers curious about
contemporary questions in sexual harassment law as well as
specialists interested in the intersection of law and social
science.a "Fortunately, Beiner is not only a law professor: she also has
practiced law and is clearly well acquainted with the difficulties
of getting these cases before a jury. Her book seeks to help
plaintiffs survive summary judgment so they can prove their cases
in court." "Beiner's book is a striking example of the thoughtful and
clever use of social science research findings to point to changes
that will improve the operation of an important US social
institution." "A readable synthesis of legal rules and real life, accessible to both lawyers and non-lawyers--for all those interested in reducing sexual harassment on the job. Beiner makes a crucial contribution to the discussion of sexual harassment by demonstrating the relevance of social science research to legal doctrine. She convincingly exposes the limited effectiveness of current case law in preventing sexual harassment and demonstrates that federal judges often make decisions based on myths and stereotypes about how people behave, not on the reality women face in theworkplace."--Martha S. West, University of California Davis, co-author of "Sex-Based Discrimination" "In this timely and important book, Beiner explores the growing
disconnect between judges' unfounded assumptions about how people
respond to sexualized conduct in the workplace and what empirical
research in the social sciences is telling us about the same
subject. In many arenas, the antidiscrimination doctrine emerging
from the federal courts is being built on a foundation of 'junk
social science.' Beiner shines a light on this problem as it has
manifested in the evolving law of sexual harassment." "Beiner has done a superb job of reviewing the social science
research that applies directly to the law on sexual harassment.
Beiner suggests reforms to the legal standard and provides sensible
recommendations for interpreting the law to be more compatible with
the way people behave when they are sexually harassed." ""Gender Mythis v. Working Realities" is an innovative and fresh
approach to a complex problem. The concept for the book is both
fascinating and intriguing." Both the courts and the public seem confused about sexual harassment--what it is, how it functions, and what sorts of behaviors are actionable in court. Theresa M. Beiner contrasts perspectives from social scientists on the realities of workplace sexual harassment with the current legal standard. When it comes to sexual harassment law, all too often courts (and employers) are left inthe difficult position of grappling with vague legal standards and little guidance about what sexual harassment is and what can be done to stop it. Often, courts impose their own stereotyped view of how women and men "ought" to behave in the workplace. This viewpoint, social science reveals, is frequently out of sync with reality. As a legal scholar who takes social science seriously, Beiner provides valuable insight into what behaviors people perceive as sexually harassing, why such behavior can be characterized as discrimination because of sex, and what types of workplaces are more conducive to sexually harassing behavior than others. Throughout, Beiner offers proposals for legal reform with the goal of furthering workplace equality for both men and women.
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