Title VII and Sexual Harassment: Beyond Damages Control

Abstract

The prohibition of employment discrimination based on sex was included in the Civil Rights Act of 1964 with little debate or even thought as to its possible enforcement. It was not until 1986 that the Supreme Court recognized a hostile, sexually harassing work environment as a form of employment discrimination. Despite the current recognition of sexual harassment as employment discrimination, however, the remedies available to the victims of such harassment have been inadequate. This article addresses the various ways in which Title VII falls short of the goal of eliminating sexual harassment in the workplace. Previous articles have taken on various aspects of the problem, but in light of recent Congressional action surrounding the Civil Rights and Women's Equality in Employment Act of 1991, this seems an appropriate time to practically reassess which of Title VII's flaws can actually be corrected by legislation.