Sexual Harassment as Sex Discrimination: A Defective Paradigm

Abstract

Title VII of the Civil Rights Act of 1964 prohibits sex discrimination in employment. During the last fifteen years, the courts have extended this prohibition to include sexual harassment. While the first plaintiffs to bring Title VII sexual harassment claims met with a good deal of skepticism, current law recognizes that such behavior is actionable under Title VII. In 1980, the Equal Employment Opportunity Commission amended its Guidelines on Discrimination Because of Sex to include sexual harassment and helped solidify judicial acceptance of this cause of action.