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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.

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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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Founded inthe Stanford Law Review is a general-interest academic legal journal. Each year the Law Review publishes one volume, which appears in six separate issues between November and May. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. Approximately 2, libraries, attorneys, judges, law firms, government agencies, and others subscribe to the Law Review.

The Stanford Law Review is operated entirely by Stanford Law School students and is fully independent of faculty and administration review or supervision. The principal missions of the Law Review are to contribute to legal scholarship by addressing important legal and social issues, and to educate and foster intellectual discourse at Stanford Law School.

In addition to producing a publication, the Law Review also hosts lectures and an annual live symposium.

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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.

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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.

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