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4 UCLA Women's L.J. 37 (1993-1994)
Writing about Sexual Harassment: A Guide to the Literature

handle is hein.journals/uclawo4 and id is 45 raw text is: ESSAYS WRITING ABOUT SEXUAL HARASSMENT: A GUIDE TO THE LITERATURE Martha Chamallas* INTRODUCTION Sexual harassment law is of particular interest to feminist theorists confronting the capacity of law to promote cultural change. Because sexual harassment was not regarded as a dis- crete injury prior to the campaign for its inclusion as a form of sex discrimination under Title VII of the Civil Rights Act,' the change in the law has done more than simply create new legal rights. This feminist intervention into the law has affected the cultural meaning of interactions between men and women in the workplace, even when the new meanings have not translated into legal victories. The legal claim for sexual harassment is notable for its dis- tinctively feminist origins. Born in the mid-1970s, the term was invented by feminist activists, given legal content by feminist liti- * Professor of Law, University of Iowa. I wish to thank Liza Diaz for her research assistance. 1. Title VII of the Civil Rights Act of 1964 makes it unlawful for any employer to discriminate against any individual with respect to his compensation, terms, con- ditions, or privileges of employment, because of such individual's race, color, reli- gion, sex or national origin. 42 U.S.C. § 2000e-2(a)(1) (1988). The original Act did not mention sexual harassment, nor did it provide for damages for civil rights plain- tiffs. The Civil Rights Act of 1991 clearly contemplates actions for sexual harassment and permits plaintiffs to recover compensatory and punitive damages up to a maxi- mum of between $50,000 and $300,000, depending on the size of the employer. 42 U.S.C. § 1981a(a)(1), (b) (Supp. III 1991). Jury trials are now available under Title VII for plaintiffs seeking damages for intentional discrimination. 42 U.S.C. 1981a(c)(1) (Supp. III 1991). The most comprehensive treatment of sexual harassment doctrine can be found in BARBARA LINDEMANN & DAVID D. KADUE, SEXUAL HARASSMENT IN EMPLOYMENT LAW (1992).

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