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Log in through your institution. Plaintiffs in Title VII hostile work environment cases must prove that the sexually oriented misconduct they suffered was both pervasive and unwelcome. In this note, Miranda Oshige argues that these requirements conflict with the language and purpose of Title VII because they insulate from liability some discrimination against women in the workplace.
Oshige proposes that the hostile work environment violation be conceived as simply a form of genderbased disparate treatment, rather than as "sexual" harassment. Accordingly, she argues, welcomeness should be reconfigured as an affirmative defense, and pervasiveness considered only when measuring damages, not as an element of the claim. Thus conceived, Ms. Oshige contends, hostile work environment doctrine would more faithfully reflect Congress' mandate to achieve equality in the workplace regardless of gender.
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Abstract Plaintiffs in Title VII hostile work environment cases must prove that the sexually oriented misconduct they suffered was both pervasive and unwelcome. Journal Information Founded inthe Stanford Law Review is a general-interest academic legal journal.
Publisher Information The Stanford Law Review is operated entirely by Stanford Law School students and is fully independent of faculty and administration review or supervision.Women want sex Burdine
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