The 'reasonable woman' standard: implications for assessing the severity of sexual harassment and the adequacy of employer response
Article Abstract:
In the case of Ellison v Brady the court described sexual harassment in terms of what a reasonable woman would regard as offensive. The application of the reasonable woman standard will depend on whether it is interpreted as requiring that the female plaintiff was reasonable to have been offended or whether the 'average woman' would have been offended. However, both interpretations are likely to result in more behavior counted as harassment than under previous law. Employer liability under Title VII would therefore be broader since it would turn on the perceptions of the reasonable woman, not the employer.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1992
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Trading claims against Chapter 11 debtors: disclosure as the criterion for the less favorable treatment standard of section 1123(a)(4)
Article Abstract:
The equity policy of Chapter 11 of the Bankruptcy Code requires that recoveries by claimants of the same rank be equal. Section 1123(a)(4) requires that claimants be offered a uniform price unless they have agreed to accept a potentially less favorable treatment. Debtor trading of claims has given rise to apparent unequal treatment when they are bargained for corporate control. Some courts have devised remedies based on a broad construal of equitable treatment. However, to accommodate current claim trading practice, remedies should be confined to consideration of disclosure statements.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1992
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Necessary or excessive: the standard of "reasonably necessary" in Chapter 13 bankruptcy
Article Abstract:
Section 1325(b) of the Bankruptcy Amendments and Federal Judgeship Act attempts to amend Chapter 13 of the US Bankruptcy Code to explain what part of a debtor's income is disposable and may be devoted to debt repayment. Section 1325(b) says that reasonably necessary expenditures may not be counted as part of disposable income. What is reasonably necessary has proven to be very difficult for the courts to determine, and no consistent standard currently exists. Though inflexible rules may harm both creditors and debtors, clarification from Congress is necessary on this point.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1992
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- Abstracts: When to hold 'em, when to show 'em; clients generally have the right to see case, documents, but the party who foots the bill doesn't
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