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dc.contributor.authorYuille, Lua Kamál
dc.date.accessioned2018-01-18T16:14:06Z
dc.date.available2018-01-18T16:14:06Z
dc.date.issued2015-03-02
dc.identifier.citationYuille, Lua K., Liberating Sexual Harassment Law (February 28, 2015). Michigan Journal of Gender & Law, Vol. 22, No. 2, 2015. Available at SSRN: https://ssrn.com/abstract=2571734en_US
dc.identifier.urihttp://hdl.handle.net/1808/25701
dc.description.abstractSexual harassment law and the proposed solutions to that paradigm’s deficiencies teach a disheartening and peculiar lesson to women and gender performance minorities: “You may be disadvantaged at work because of your gender or your gender performance nonconformity. Discrimination against you is okay.” This albatross has inexplicably burdened sexual harassment law for the more than thirty-five years since it emerged as a redressable form of unlawful discrimination under Title VII of the Civil Rights Act of 1964. This Article coherently explains the reason for it. It makes a simple claim: Sexual harassment law has failed to eradicate workplace gender discrimination, not because that goal is beyond its capacity, as is frequently claimed, but because it is beyond its scope. Sexual harassment law might have changed workplace relations (for the better), but it has not made sexual harassment an anomaly because it was not meant to do so. To accomplish its task, the Article reframes the intractability of problems within the sexual harassment paradigm by viewing the law as an educative process structured by a clear curriculum. Drawing together educational literature and sexual harassment discourse, it (1) maps how sexual harassment law conforms to the essential elements of the dominant curriculum model; (2) shows how existing critiques function within that model; and (3) proposes an alternative critique of sexual harassment law that pinpoints the main deficiency of sexual harassment in its conformity to a educational model that serves to maintain the status quo and inhibit, rather than promote, liberatory social change. On this foundation, the Article argues that the challenge is to create a “dialogical” method for law in which the beneficiaries of sexual harassment law are empowered to determine what behaviors serve to entrench their marginalization and, thereby, define their world and the change they want to see in it. Through its reframing of sexual harassment law, this Article liberates sexual harassment law from its reified limitations, creating space for a legal revolution that will liberate workers.en_US
dc.publisherUniversity of Michigan, School of Lawen_US
dc.relation.isversionofhttps://ssrn.com/abstract=2571734en_US
dc.subjectLiberationen_US
dc.subjectSexual harassmenten_US
dc.subjectPedagogyen_US
dc.subjectCivil rightsen_US
dc.subjectGenderen_US
dc.subjectFeminismen_US
dc.subjectJurisprudenceen_US
dc.subjectTitle VIIen_US
dc.subjectFreireen_US
dc.subjectTyleren_US
dc.subjectCurriculumen_US
dc.subjectEducationen_US
dc.subjectDialogen_US
dc.titleLiberating Sexual Harassment Lawen_US
dc.typeArticleen_US
kusw.kudepartmentLawen_US
kusw.oaversionScholarly/refereed, publisher versionen_US
kusw.oapolicyThis item meets KU Open Access policy criteria.en_US
dc.rights.accessrightsopenAccessen_US


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