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112 Yale L.J. 2061 (2002-2003)
The Sanitized Workplace

handle is hein.journals/ylr112 and id is 2085 raw text is: The Sanitized Workplace Vicki Schultzt CONTENTS I. INTRODUCTION ................................................................................. 2063 II. THE HISTORICAL DREAM OF A SANITIZED WORKPLACE ................. 2072 A. Divorcing Productivity and Passion .......................................... 2072 B. Equating Sexism and Sexuality .................................................. 2074 III. THE CONTEMPORARY CAMPAIGN .................................................... 2087 A. The Legal and Cultural Environment ........................................ 2087 B. Sanitizing the Workplace: A Summary of Current Developments........................................ 2090 C. Prohibiting Sexual Conduct ....................................................... 2094 1. The Zero-Tolerance Approach ............................................ 2099 2. The Cultural Sensitivity Approach ...................................... 2101 D. Punishing Sexual Transgressors ................................................ 2103 E. Policing Sexual Relationships.................................................... 2119 j © Vicki Schultz 2003. Ford Foundation Professor of Law and the Social Sciences, Yale Law School. I received thoughtful comments from a number of colleagues, including Kathy Abrams, Bruce Ackerman, Ariela Gross, Neal Katyal, Deborah Malamud, Dan Markovits, Annelise Riles, Roberta Romano, Teemu Ruskola, Joseph Singer, Stephen Yandle, Michael Yelnosky, Kenji Yoshino, and especially Bill Eskridge, whose insight and enthusiasm for the project have been invaluable. I also received helpful feedback from many lively participants at the Yale Law School faculty workshop; the Harvard Law School faculty workshop; the USC Law School Center for Law, Culture and the Humanities workshop; and the University of Toronto Law School Feminist Theory workshop. I would like to extend special thanks to my research assistant Ramit Mizrahi, my lead editor Amy Kapczynski, and librarian Gene Coakley for going above and beyond the call of duty in helping me complete this Article. Many thanks go also to Lindsay Barenz, Amanda Cowley, and Jennifer Sung at Yale, and Jacob Elberg, Jamie Kohen, Paul Lekas, and Steig Olson at Harvard, for providing excellent research assistance. I would also like to express my appreciation to the Radcliffe Institute for Advanced Study, which provided me with time for research and reflection on these issues, and to Tony Kronman and Yale for making it possible for me to take the Radcliffe fellowship. My deepest gratitude goes to Craig Henry, whose patience, good humor, and sheer belief in me have been indispensable at every step of this project and all the others. Despite help from so many quarters, any errors are mine alone. 2061 Imaged with the Permission of Yale Law Journal

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