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42 Women's Rts. L. Rep. 134 (2020-2021)
Hearing the Calls for Change: Examining the Pervasive or Severe Standard in a Hostile Work Environment

handle is hein.journals/worts42 and id is 138 raw text is: HEARING THE CALLS FOR CHANGE: EXAMINING THE PERVASIVE OR SEVERE STANDARD IN A HOSTILE WORK ENVIRONMENT Christina Sabato* INTRODUCTION 'You're using the term sexual harassment, which is a legal term,' she said to George Stephanopoulos. 'I'm using the term workplace misconduct. I don't know if there's a real significant difference, to most people, but sex- ual harassment is severe and pervasive.' These are the deliberately chosen words of Lisa Bloom, the attorney tasked with framing the shocking allegations against movie mogul Harvey Weinstein (Weinstein) as mere indiscretions in the workplace.' To that end, as far as Bloom and Weinstein were concerned, he would get therapy, start a foundation for female directors at USC, and that would be that.3 As Bloom downplays Weinstein's acts of sexual violence to the media, she properly highlights an ever-present threshold sexual harassment claims must surpass: the acts must be so severe or pervasive to even be considered in the court of law.4 However, a strong public interest has pivoted outdated views of work- place misconduct to address workplace sexual harassment as a valid issue.' J.D. Candidate, 2021, Rutgers Law School; B.A., 2012, Michigan State University. I want to thank my faculty advisor, Barbara Hoffman, and my family and friends for their thoughtful advice and support. RONAN FARROW, CATCH AND KILL: LIES, SPIES, AND A CONSPIRACY TO PROTECT PREDATORS 271 (2019). 2 Id. On March 11, 2020, a jury convicted Weinstein of criminal sexual assault in the first degree and rape in the third degree, but acquitted him of predatory sexual assault). See Adrienne Westenfeld, Harvey Weinstein Has Been Sentenced to 23 Years in Prison, ESQUIRE (Mar. 11, 2020), https://www.es- quire.com/entertainment/a3 1081 442/harvey-weinstein-trial-new-york-verdict-what-is-third-degree- rape-explained/. 7 FARROW, supra note 1, at 271. See Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 67 (1986). 5 NAT'L WOMEN'S LAW CTR., SUPERMAJORITY OF VOTERS WANT LAWMAKERS TO TAKE ACTION TO ADDRESS WORKPLACE SEXUAL HARASSMENT (2019), https://nwlc- 134

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