New Horizons in Management series
Edited by Suzy Fox and Terri R. Lituchy
Chapter 6: The So-called “Equal Opportunity Bully’s” Effect on Women in the Workplace
JOBNAME: Fox & Lituchy PAGE: 1 SESS: 4 OUTPUT: Wed Mar 21 09:51:09 2012 6. The so-called “equal opportunity bully”’s effect on women in the workplace Kerri Lynn Stone The goal of this chapter is to distinguish the ways in which the law currently treats gendered harassment and the ways in which it treats so-called gender-neutral bullying. This chapter posits that even so-called status-blind bullying, which is currently lawful, disproportionately affects women’s well-being, productivity, and advancement in the workplace. Some background on the law of the workplace and the law of employment discrimination and unlawful harassment is instructive. Employment is presumed to be at will; this means that anyone can, barring an explicit prohibition or a contract that says otherwise, be fired at any time and for any reason. Atop this background presumption, however, is engrafted federal legislation that prohibits discrimination in employment because of an employee’s membership in an enumerated protected class. So, for example, Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employment discrimination on the basis of an employee’s race, color, sex, religion, or national origin. Moreover, the Age Discrimination in Employment Act of 1967 (“ADEA”) protects employees age 40 and over from employment discrimination, and the Americans with Disabilities Act of 1990 protects those deemed disabled within the meaning of the statute from employment discrimination. The jurisprudence or case law construing employment discrimination statutes and evaluating employment discrimination cases has evolved over the decades since the statutes have come into...
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