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13 Compleat Law. 24 (1996)
Sexual Harassment - The Employer's Role in Prevention

handle is hein.journals/gpsolo13 and id is 26 raw text is: SEXUAL HARASSMENT
THE EMPLOYER'S ROLE IN
PREVENTION
BY MARK 1. SCHICKMAN
T he elimination of sexual harass-
ment in the workforce is
extremely important for every
employer. There is a financial
imperative to eliminate improper conduct
as well as a moral one, as such conduct
can result in extensive monetary liability
imposed by juries that determine sexual
harassment has occurred.
It is difficult to eliminate sexual harassment
because attempting to regulate romance rums con-
trary to some strong hunan urges. Ninth Circuit
Court of Appeals Justice Alex Kozinski (Gender
Bias, San Francisco Recorder, May 27, 1992) notes
that while the bright line 'never mix business and
sexual relationships'.., is easy to remember, it is
impossible to enforce, as men and women are drawn
to each other in the workplace, as elsewhere. Even
were it enforceable, do we really want to live i a
society where normal flirtations, courtships andi mat-
ings are routinely banned from the office and the fRc-
tory? While this question may get one answer from
poets and philosophers, it will get a different one
from lawyers trying to limit their client's liability.
But before you and your client can begin to con-
sider the inteqlay between the rights of free people
Mmk L Schicknan iarpm-'ne in the San Fancisco office of
F and Gwve, Chmtoerd, a labar and employment law
fin based in Chicago. He is chah of the General Practice
Sectionk Labor and Enploynent Law Connnittee and
p 'sident-elect of the BmAssociation of San Francisco.

THE COMPLEAT LAWYER / WINTER 1996

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