ERIC Number: EJ775363
Record Type: Journal
Publication Date: 2003-Nov
Reference Count: N/A
Sexual Harassment and Social Justice: Reflections on the Distance yet to Go
Fitzgerald, Louise F.
American Psychologist, v58 n11 p915-924 Nov 2003
Despite progress, protections remain inadequate for victims who bring legal claims of sexual harassment. The process for damages determination frequently increases harm and undercuts the policy initiatives enshrined in Title VII. The author critiques this process, focusing on misuse of psychological examinations and failure of the federal "rape shield" law to adequately protect plaintiffs. The author suggests possible reforms, including removing caps on Title VII damages, minimum awards (i.e., liquidated damages) upon proof of liability, and strategies for educating juries on the harms of harassment that do not exacerbate them, and concludes with a call for professional guidelines for conducting forensic evaluations in sexual harassment cases, thus advancing the policy goal of combating discrimination by encouraging victims to come forward.
Descriptors: Justice, Sexual Harassment, Victims of Crime, Federal Legislation, Court Litigation, Legal Responsibility, Compliance (Legal), Public Policy, Social Discrimination
American Psychological Association. Journals Department, 750 First Street NE, Washington, DC 20002-4242. Tel: 800-374-2721; Tel: 202-336-5510; Fax: 202-336-5502; e-mail: email@example.com; Web site: http://www.apa.org/publications
Publication Type: Journal Articles; Opinion Papers
Education Level: N/A
Authoring Institution: N/A