Gender Myths v. Working Realities: Using Social Science to Reformulate Sexual Harassment Law

by Theresa Beiner

Both the courts and the public seem confused about sexual harassment—what it is, how it functions, and what sorts of behaviors are actionable in court. Theresa M. Beiner contrasts perspectives from social scientists on the realities of workplace sexual harassment with the current legal standard. When it comes to sexual harassment law, all too often courts (and employers) are left in the difficult position of grappling with vague legal standards and little guidance about what sexual harassment is and what can be done to stop it. Often, courts impose their own stereotyped view of how women and men “ought” to behave in the workplace. This viewpoint, social science reveals, is frequently out of sync with reality.
As a legal scholar who takes social science seriously, Beiner provides valuable insight into what behaviors people perceive as sexually harassing, why such behavior can be characterized as discrimination because of sex, and what types of workplaces are more conducive to sexually harassing behavior than others. Throughout, Beiner offers proposals for legal reform with the goal of furthering workplace equality for both men and women.

262 pages, Hardcover

First published January 1, 2005

About the author

Professor Theresa Beiner teaches civil procedure, constitutional law, federal jurisdiction, employment discrimination, gender and the law, and a seminar on sexual harassment law at the UALR William H. Bowen School of Law in Little Rock, Arkansas. She earned her bachelor's degree in 1986 from the University of Virginia and her JD in 1989 at Northwestern University

A scholar in the tradition of the Law and Society movement, Beiner researches and teaches using knowledge from other disciplines to inform and develop legal rules. Beiner’s research interests dovetail well with the courses she teaches and thereby inform her teaching. She writes in the areas of anti-discrimination law, the interaction between civil procedure and civil rights law, women in the legal profession, and federal judicial appointments.

Professor Beiner joined the faculty in 1994 from private practice as an associate with the San Francisco law firm of Howard, Rice, Nemerovski, Canady, Falk & Rabkin. Her main practice area was general civil litigation, with an emphasis on employment discrimination, antitrust and environmental litigation.