영문목차

Series Foreword=xix

Introduction=xxi

PART I: Defining Sexual Harassment=1

HOW SEXUAL HARASSMENT BECAME ILLEGAL=1

Document 1: "How We Got Here: From Carmita Wood to Anita Hill" (Susan Brownmiller and Dolores Alexander, 1992)=1

DEFINITIONS OF SEXUAL HARASSMENT=4

Definitions by the Government=4

Document 2: Questions and Answers about Sexual Harassment (Equal Employment Opportunity Commission, 1992)=5

Document 3: EEOC Policy Guidance on Current Issues of Sexual Harassment (Equal Employment Opportunity Commission, 1990)=8

Document 4: Sexual Harassment in the Federal Workplace: Is It a Problem? (Merit Systems Protection Board, 1981)=9

Definitions by Commentators=11

Document 5: Sexual Shakedown: The Sexual Harassment of Women on the Job (Lin Farley, 1978)=12

Document 6: Sexual Harassment of Working Women (Catharine A. MacKinnon, 1979)=12

Document 7: "Sexual Harassment as Sex Discrimination: A Defective Paradigm" (Ellen Frankel Paul, 1990)=14

Document 8: "What's Wrong with Sexual Harassment?" (Katherine M. Franke, 1997)=15

PART II: Sexual Harassment in Employment=19

THE PREVALENCE OF SEXUAL HARASSMENT IN EMPLOYMENT=19

Document 9: Sexual Harassment in the Federal Workplace: Is It a Problem? (Merit Systems Protection Board, 1981)=19

Document 10: Sexual Harassment in the Federal Government: An Update (Merit Systems Protection Board, 1988)=22

Document 11: Sexual Harassment in the Federal Workplace: Trends, Progress, and Continuing Challenges (Merit Systems Protection Board, 1995)=24

Men's and Women's Perceptions of Sexual Harassment=27

Document 12: "Sexual Harassment... Some See It... Some Won't" (Eliza G. C. Collins and Timothy B.Blodgett, 1981)=27

LAWS PROHIBITING SEXUAL HARASSMENT IN EMPLOYMENT=32

Federal Law=32

Document 13: Title VII of the Civil Rights Act of 1964, 703(a) (1964)=32

Document 14: Equal Employment Opportunity Commission's Guidelines on Discrimination Because of Sex (Equal Employment Opportunity Commission,1980)=33

Document 15: Equal Employment Opportunity Commission Compliance Manual (Bureau of National Affairs, 1982, 1987)=34

State Law=37

Document 16: Vermont Fair Employment Practices Act (1993)=37

EARLY SEXUAL HARASSMENT CASES=38

Cases Holding That Harassment Is Not Sex Discrimination=38

Document 17: Corne v. Bausch & Lomb, Inc., U.S. District Court (1975)=39

Document 18: Tomkins v. Public Service Electric & Gas Co., U.S. District Court (1976)=40

Cases Holding That Harassment Is Sex Discrimination=42

Document 19: Williams v. Saxbe, U.S. District Court (1976)=42

Document 20: Barnes v. Costle, U.S. Court of Appeals for the District of Columbia (1977)=44

Document 21: Tomkins v. Public Service Electric & Gas Co., U.S. Court of Appeals for the Third Circuit (1977)=46

Hostile Environment Harassment Cases=47

Document 22: Bundy v. Jackson, U.S. Court of Appeals for the District of Columbia (1981)=47

Document 23: Henson v. City of Dundee, U.S. Court of Appeals for the Eleventh Circuit (1982)=50

THE SUPREME COURT SPEAKS=53

Document 24: Meritor Savings Bank v. Vinson, U.S. Supreme Court (1986)=54

Document 25: Harris v. Forklift Systems, Inc., U.S. Supreme Court (1993)=57

PROVING "UNWELCOMENESS"=60

Document 26: EEOC Policy Guidance on Current Issues of Sexual Harassment (Equal Employment Opportunity Commission, 1990)=60

LEGAL RESPONSIBILITY FOR SEXUAL HARASSMENT=62

When the Employer Must Pay=62

Document 27: Equal Employment Opportunity Commission's Guidelines on Discrimination Because of Sex (Equal Employment Opportunity Commission, 1980)=63

Document 28: Meritor Savings Bank v. Vinson, U.S. Supreme Court (1986)=64

When the Individual Harasser Must Pay=68

Document 29: Tomka v. Seiler Corp., U.S. Court of Appeals for the Second Circuit (1995)=69

REMEDIES AVAILABLE IN CASES OF HARASSMENT=71

Document 30: Title VII of the Civil Rights Act of 1964,706(g)(1964)=71

Document 31: Civil Rights Act of 1991, 102 (1991)=72

Document 32: U.S. Senate, Statements on Introduced Bills and Joint Resolutions-The Equal Remedies Act (1995)=73

Document 33: "Judge Halves $7.1 Million Award in Harassment Case But Bay Area Woman Will Still Get Record Sum" (Harriet Chiang, 1994)=75

EVIDENCE ABOUT THE PLAINTIFF'S SEXUAL HISTORY=76

Document 34: "The Bedroom Ploy: Plaintiffs' Sex Lives Are Being Laid Bare in Harassment Cases" (Ellen E. Schultz and Junda Woo, 1994)=77

Document 35: Federal Rule of Evidence 412 (1994)=80

SAME-SEX HARASSMENT=80

Document 36: Goluszek v. H. P. Smith, U.S. District Court (1988)=82

Document 37: Quick v. Donaldson, U.S. Court of Appeals for the Eighth Circuit (1996)=84

SPECIAL ISSUES IN HOSTILE ENVIRONMENT HARASSMENT=87

The "Reasonable Woman" Standard=87

Document 38: Ellison v. Brady" U.S. Court of Appeals for the Ninth Circuit (1991)=87

Document 39: Policy Guidance on Current Issues of Sexual Harassment (Equal Employment Opportunity Commission, 1990)=91

Document 40: Brief for Amicus Curiae American Psychological Association in Support of Neither Party, Harris v. Forklift Systems, Inc. (1993)=94

Document 41: Brief of Amici Curiae Women's Legal Defense Fund, the National Women's Law Center, et al., in Support of Petitioner, Harris v. Forklift Systems, Inc. (1993)=95

Sexual Harassment Law versus Free Speech=98

Document 42: Brief for Amicus Curiae Feminists for Free Expression in Support of Petitioner, Harris v. Forklift Systems, Inc. (1993)=99

Document 43: "Workplace Harassment and the First Amendment: A Reply to Professor Volokh" (David Benjamin Oppenheimer, 1996)=105

SEXUAL HARASSMENT BY GOVERNMENT OFFICIALS=107

Clarence Thomas and Anita Hill=107

Document 44: Testimony of Hon. Clarence Thomas, Nomination of Judge Clarence Thomas to Be Associate Justice of the Supreme Court of the United States, Hearings before the Committee on the Judiciary of the United States Senate (1991)=108

Document 45: Testimony of Anita F. Hill, Nomination of Judge Clarence Thomas to Be Associate Justice of the Supreme Court of the United States, Hearings before the Committee on the Judiciary of the United States Senate (1991)=109

Document 46: Further Testimony of Hon. Clarence Thomas, Nomination of Judge Clarence Thomas to Be Associate Justice of the Supreme Court of the United States, Hearings before the Committee on the Judiciary of the United States Senate (1991)=111

Document 47: "Taking Sides Against Ourselves" (Rosemary L. Bray, 1991)=112

Document 48: Remarks of Senator Edward Kennedy of Massachusetts, Debate on the Nomination of Clarence Thomas to Be Associate Justice of the United States Supreme Court (1991)=116

Senator Robert Packwood=119

Document 49: Resolution for Investigation of Senator Bob Packwood (United States Senate Select Committee on Ethics, 1995)=120

Document 50: Resolution for Disciplinary Action of Senator Bob Packwood (United States Senate Select Committee on Ethics, 1995)=122

President William Jefferson Clinton=124

Document 51: Complaint of Paula Corbin Jones, Paula Corbin Jones v. William Jefferson Clinton and Danny Ferguson (1994)=124

LAWSUITS BROUGHT BY THOSE ACCUSED OF HARASSMENT=128

Document 52: "Laws Covering Sex Harassment and Wrongful Dismissal Collide" (Grace M. Kang, 1992)=129

PART III: Sexual Harassment in the Military=133

THE PREVALENCE OF SEXUAL HARASSMENT IN THE MILITARY=134

Document 53: Sexual Harassment in the Military: 1988 (Melanie Martindale, 1990)=134

Document 54: Department of Defense 1995 Sexual Harassment Survey, Executive Summary (Lisa D. Bastian, Anita R. Lancaster, and Heidi E. Reyst, 1996)=137

THE TAILHOOK SCANDAL=143

Document 55: Remarks of Senator John McCain regarding the Tailhook Association, Senate Proceedings and Debates of the 102d Congress, 1st Session (1991)=143

Document 56: Tailhook 91, Part 2: "Events at the 35th Annual Tailhook Symposium" (Office of Inspector General, Department of Defense, 1993)=145

Document 57: Statement by Press Secretary Fitzwater on the Resignation of H. Lawrence Garrett III as Secretary of the Navy (1992)=163

MILITARY REGULATION OF SEXUAL HARASSMENT=164

Document 58: "The Department of Defense Military Equal Opportunity Program" (1989)=164

Document 59: Department of the Navy (DON) Policy on Sexual Harassment (1993)=165

Document 60: Department of the Navy (DON) Policy on Sexual Harassment, Enclosure (3) (1993)=169

Document 61: "Arresting 'Tailhook': The Prosecution of Sexual Harassment in the Military" (Lieutenant Commander J. Richard Chema, 1993)=173

Document 62: National Defense Authorization Act for Fiscal Year 1995, Proposed Amendment No. 2146, Remarks of Senator DeConcini (1994)=175

MORE RECENT MILITARY SEXUAL HARASSMENT SCANDALS=178

Incidents at the Aberdeen Proving Ground=178

Document 63: Testimony Before the Senate Armed Services Committee, Hearings on Sexual Harassment in Armed Services (Togo D. West, Jr., 1997)=179

Document 64: "Issue of Race Emerges in Aberdeen Courtroom; Defense Says Army Targets Black Instructors" (Dana Priest and Jackie Spinner,1997)=182

Investigation of the Sergeant Major of the Army=185

Document 65: "Top Enlisted Man in the Army Stands Accused of Sex Assault" (Eric Schmitt, 1997)=186

Document 66: "Presumed Innocent; But Not for Long" (Richard Cohen, 1997)=188

PART IV: Sexual Harassment in Education=191

LAWS PROHIBITING SEXUAL HARASSMENT IN EDUCATION=191

Document 67: Title IX of the Education Amendments of 1972=192

Document 68: "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (Office for Civil Rights, United States Department of Education, 1997)=193

Document 69: Franklin v. Gwinnett County Public Schools, U.S. Supreme Court (1992)=200

Document 70: California General Education Code 212.5, 48900.2 (1995)=201

DEVELOPMENT OF THE LAW AGAINST SEXUAL HARASSMENT IN EDUCATION=202

Document 71: Alexander v. Yale University, U.S. Court of Appeals for the Second Circuit (1980)=203

THE PREVALENCE OF SEXUAL HARASSMENT IN EDUCATIONAL INSTITUTIONS=206

Primary and Secondary Schools=206

Document 72: Secrets in Public: Sexual Harassment in Our Schools (Nan Stein, Nancy L. Marshall, and Linda R. Tropp, 1993)=207

Document 73: Hostile Hallways: The AAUW Survey on Sexual Harassment in America's Schools (American Association of University Women, 1993)=209

Institutions of Higher Education=212

Document 74: "Female Faculty Members and Students at Harvard Report Sexual Harassment" (Nina McCain, 1983)=212

HARASSMENT BY SCHOOL EMPLOYEES=213

Document 75: "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (Office for Civil Rights, United States Department of Education, 1997)=213

Document 76: Pallett v. Palma, U.S. District Court (1996)=215

Document 77: Rosa H. v. San Elizario Independent School District, U.S. Court of Appeals for the Fifth Circuit (1997)=219

HARASSMENT BY PEERS=223

Document 78: Bruneau v. South Kortright Central School District, U.S. District Court (1996)=223

Document 79: "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (Office for Civil Rights, United States Department of Education, 1997)=228

Document 80: Rowinsky v. Bryan Independent School District, U.S. Court of Appeals for the Fifth Circuit (1996)=231

SAME-SEX HARASSMENT=235

Document 81: "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (Office for Civil Rights, United States Department of Education, 1997)=236

WHEN THE VERY YOUNG ARE ACCUSED OF HARASSMENT=237

Document 82: "6-Year-Old's Sex Crime: Innocent Peck on Cheek" (Adam Nossiter, 1996)=237

Document 83: "Kiss Leads to a Policy Revision" (New York Times, 1996)=239

Document 84: "Harassment in 2d Grade? Queens Kisser Is Pardoned" (Norimitsu Onishi, 1996)=240

SEXUAL HARASSMENT AND ACADEMIC FREEDOM=243

Document 85: "First Amendment: Do 'Hostile Environment' Charges Chill Academic Freedom? Yes: Call It What It Is-Censorship" (Michael S. Greve, 1994)=243

Document 86: "First Amendment: Do 'Hostile Environment' Charges Chill Academic Freedom? No: This Is Teaching?" (Linda Hirshman, 1994)=245

Document 87: "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" (Office for Civil Rights, United States Department of Education, 1997)=246

PART V: New Frontiers in Sexual Harassment Law=249

SEXUAL HARASSMENT IN HOUSING=249

Document 88: Fair Housing Act (1968)=249

Document 89: "Home Is No Haven: An Analysis of Sexual Harassment in Housing" (Regina Cahan, 1987)=250

Document 90: "Regulations Relating to Housing and Urban Development, Discriminatory Conduct under the Fair Housing Act, Housing Practices" (1989)=255

Document 91: DiCenso v. Cisneros, U.S. Court of Appeals for the Seventh Circuit (1996)=256

SEXUAL HARASSMENT IN OTHER CONTEXTS=259

Document 92: Unruh Civil Rights Act (1994)=260

PART VI: The Supreme Court's Decisions from 1998=263

Document 93: Oncale v. Sundowner Offshore Services, Inc., U.S. Supreme Court (1998)=264

Document 94: Burlington Industries, Inc. v. Ellerth, U.S. Supreme Court (1998)=268

Document 95: Faragher v. City of Boca Raton, U.S. Supreme Court (1998)=277

Document 96: Gebser v. Lago Vista Independent School District, U.S. Supreme Court (1998)=285

Index=293