A quick case for including same-sex harassment under Title VII

Article Abstract:

The Eighth Circuit in Quick v. Donaldson Co., Inc., correctly recognized that same-sex harassment is covered under Title VII of the Civil Rights Act of 1964. However, the Fourth and Fifth Circuits have taken the opposite position. The Quick case involved complaints by a heterosexual male of harassment by male co-workers, where female employees were not subjected to the same treatment. The statutory language, legislative history, and interpretation by the EEOC all support the Eighth Circuit's opinion. The absence of explicit restrictions in the statute suggests that it should be interpreted broadly to include such cases of same-sex harassment.

Cases, Case Note, Heterosexuals, Sex discrimination against men

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The strange career of quid pro quo sexual harassment

Article Abstract:

Quid pro quo sexual harassment rates elimination as a functional category of discrimination as it is functionally meaningless and analytically useless. It confounds the interpretation of the cases to which it is applied and sexual harassment law generally. Catherine MackKinnon introduced the concept in her 1979 book, "Sexual Harassment of Working Women," and courts and commentators have come to universally accept it as a discrete category of discrimination. Quid pro quo has endured for so long because of the triumph of form over substance in the application of discrimination law.

Laws, regulations and rules

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