This Article is divided into three Parts. Part I briefly describes the continuing problem of sexual harassment and summarizes case law relating to employer liability for sexual harassment. It then describes the incentives the law creates for employers, victims, and harassers, and explains how each group responds to these incentives. Part II explores whether the preventative measures spurred by the legal regime serve Title VII's goal of deterring harassment and preventing harm. It first identifies individual and organizational factors that cause or correlate with the level of harassment in order to develop theoretical connections between employer preventative measures and the underlying problem of harassment. It then explores empirical studies and surveys analyzing the efficacy of particular, testable measures to determine whether they are useful in combating harassment. Part III explores whether corrective measures induced by the legal rules adequately serve Title VII's companion goal of compensating victims for acts of discrimination.
Harvard Women's Law Journal
Joanna L. Grossman, The Culture of Compliance: The Final Triumph of Form Over Substance in Sexual Harassment Law, 26 Harv. Women's L.J. 1 (2003)