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40 N.Y.U. Rev. L. & Soc. Change 581 (2016)
Slut-Shaming in the Workplace: Sexual Rumors & Hostile Environment Claims

handle is hein.journals/nyuls40 and id is 605 raw text is: SLUT-SHAMING IN THE WORKPLACE: SEXUAL RUMORS & HOSTILE ENVIRONMENT CLAIMS WENDY N. HESS° ABSTRACT Slut-shaming is the act of criticizing a woman for her real or perceived sexual promiscuity. Until now, much scholarship and journalism has focused on the slut-shaming of school-aged girls and young women. This article broadens the discussion about this harassing behavior by illuminating an overlooked area: slut-shaming in the American workplace. This article focuses on how courts have dealt with hostile work environment cases based in whole or in part on rumors about adult women's alleged sexual promiscuity. In particular, courts have struggled with how to interpret Title VII's seemingly simple requirement that conduct occur because of' sex. Courts have often failed to recognize the gendered aspect of sexual rumors about women. Due to the continued existence of the sexual double standard, rumors about women who engage in sex acts with men penalize women for violating gender norms. I. IN TRO DU CTION ................................................................................................ 583 H. TITLE VII'S BECAUSE OF SEX REQUIREMENT IN SEXUAL H ARA SSM ENT C ASES .................................................................................... 586 A. Title VII's Origin & Hostile Work Environment Claim Requirements... 586 B. Title VII's Causation Requirement: Because of' Sex ........................ 588 1. Bedeviled: Confusion about the Term Sex and Required D iscrim inatory Intent ......................................................................... 589 2. Common Evidentiary Routes Courts Use to Draw an Inference that Harassing Conduct Occurred Because of' Sex ................................. 591 a. Sexual C onduct ............................................................................... 592 b. Conduct that Reflects Gender-Based Hostility ............................... 593 oo Associate Professor, University of South Dakota School of Law. B.A., 1995, University of Maryland; J.D., 1998, University of Denver. The research for this article was supported by a grant from the University of South Dakota School of Law. I am particularly indebted to: Melissa Knight (J.D., 2015) and Lori Goad (J.D., 2018) for their invaluable research assistance; Michael McKey, Leah Piersol, and Allen Madison for their feedback; and Washburn University of Law, in particular, Emily Grant and Joseph Mastrosimone, for hosting the Washburn University Junior Legal Writing Scholars Workshop, and for the invaluable feedback from co-participants Maureen Johnson and Michael Pinsof. 581 Imaged with Permission of N.Y.U. Review of Law & Social Change

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