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Masculinity at WorkEmployment Discrimination through a Different Lens$
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Ann C. McGinley

Print publication date: 2016

Print ISBN-13: 9780814796139

Published to NYU Press Scholarship Online: January 2017

DOI: 10.18574/nyu/9780814796139.001.0001

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Background to Gender-and Sex-Based Harassment Law

Background to Gender-and Sex-Based Harassment Law

(p.37) 2 Background to Gender-and Sex-Based Harassment Law
Masculinity at Work

Ann C. McGinley

NYU Press

This chapter describes the historical, legal, and theoretical foundations of the law governing gender- and sex-based harassment. It examines the United States Supreme Court case, Meritor Savings Bank v. Vinson, which established that Title VII of the Civil Rights Act of 1964 forbids sexual harassment that creates a hostile working environment. It also describes the 1998 U.S. Supreme Court cases that established the test for determining when an employer is liable for the harassment of its employees. Finally, it discusses the protection of gender-nonconforming men who suffer from sex- or gender-based harassment, and analyzes Oncale v. Sundowner Offshore Services, Inc., which held that Title VII forbids harassment by an employee or supervisor of one sex toward another of the same sex.

Keywords:   gender-based, gender-nonconforming, historical, hostile work environment, Meritor Savings Bank v. Vinson, Oncale v. Sundowner Offshore Services, Inc, same sex, sex-based, sexual harassment, Title VII

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