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Publication

Judges, Juries, and Sexual Harassment

Scheindlin, Shira
Elofson, John
Abstract
Sexual harassment jurisprudence in its current state is both tremendously important and profoundly ambiguous. Its importance derives from the principles of equality and fairness it seeks to promote, the redress it promises to victims of harassment, and, not least, from the loose but omnipresent regulatory structure it imposes on the daily interactions of most American workers. Those occupying positions of power are most obviously affected by the latter consideration-as a quick scan of the headlines often reveals-resulting in rules of conduct that govern the behavior of all workers, from janitors to CEOs.