•   •   •

Hidden in Plain Sight: Achieving More Just Results in Hostile Work Environment Sexual Harassment Cases by Re-examining Supreme Court Precedent Elisabeth A Keller, Boston College Law School Judith B Tracy, Boston College Law School Appear in print as Duke Journal of Gender Law & Policy, v.15 (January 2008): 247-274. Download the Paper (PDF format) - August 21, 2007 Tell a colleague about it. Printing Tips: Select 'print as image' in the Acrobat print dialog if you have trouble printing. ABSTRACT: Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers jury instructions and guidelines to judges that reflect what the Supreme Court intended SUGGESTED CITATION: Elisabeth A Keller and Judith B Tracy, "Hidden in Plain Sight: Achieving More Just Results in Hostile Work Environment Sexual Harassment Cases by Re-examining Supreme Court Precedent" (August 21, 2007). Boston College Law School. Boston College Law School Faculty Papers. Paper 206. http://lsr.nellco.org/bc/bclsfp/papers/206 | REPOSITORY HOME  | SEARCH  | MY ACCOUNT  | NELLCO HOME | Powered by bepress.