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128 Yale L.J. F. 22 (2018-2019)
Reconceptualizing Sexual Harassment, Again

handle is hein.journals/yljfor128 and id is 22 raw text is: 















THE YALE LAW JOURNAL FORUM
JUNE 18, 2018





Reconceptualizing Sexual Harassment, Again

Vicki Schultz


ABSTRACT. Sexual harassment has always been more about sexism than it is about sex.
Nearly twenty years ago, Vicki Schultz pioneered a new understanding of sexual harassment that
recognized and theorized this empirical reality. The framework she developed in two articles
published in the Yale Law Journal Reconceptualizing Sexual Harassment and The Sanitized Work-
place -still holds important lessons for today. The emergence of the #MeToo movement has
brought about a welcome, renewed focus on sexual harassment and motivated long-overdue
terminations of accused harassers across industries. Yet pervasive narratives still narrowly em-
phasize sexualized forms of harassment and assault -at the expense of broader understandings
of harassment and its causes. This Essay revisits and expands on Schultz's previous work in the
contemporary context, drawing on the technology and film industries as case studies and show-
ing that sex segregation and unchecked, subjective authority are central institutional causes of
sex-based harassment. To end harassment will thus require more than firing individual har-
assers. It will require structural reform to eliminate arbitrary authority and sex segregation at
work. Bold solutions are needed if we are to ensure sexual harassment isn't still prevalent twenty
years from now.

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