Adaptations: Expressions of sexuality, the law, and workplace sexual harassment [abstract]

Abstract

Sexual harassment law within the US is unable to accurately handle the real life experiences of women, especially the workplace experience. Feminist theorists have suggested many options to deal with the laws' inefficiencies; however, many of the theories are confronted with modern obstacles upon application. In order to allow women to exist in the workplace while eliminating sexual harassment a balance between the workplace environment and the expression of feminine sexuality must be achieved. To strike this balance requires a redefinition of gender to breakout of the widely accepted false gender dichotomy that exists. In order for redefinition to take place theorists have suggested the necessity for a space in which the process can take place. Currently this space is imaginary. Overcoming the modern obstacles offers the possibility of a justice system that is more able to handle the variation of sexual harassment that faces women in the workplace. This project sets aside the redefinition aspect and moves into an area that involves the adaptation and application of the existing laws to address the varied experience of workplace sexual harassment. Through an analytical reading of feminist theoretical debates, case law, and court opinions multiple unaddressed issues have been identified within the law and the surrounding debates. Using current laws to work within the modern justice system can allow women to be heard and their experiences of workplace sexual harassment to be accurately taken up by the courts.