Directions in Sexual Harassment Law
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29 Coercion in At-Will Termination of Employment and Sexual Harassment
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Published:10 November 2003
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Abstract
This chapter illustrates how sexual harassment comes out as a clear and significantly successful progressive reform. In the workplace, there is no general legal redress against a personally hostile workplace environment. The employment relation insulates the employer from tortious action for many of the injurious circumstances that would customarily be considered tortious if occurring between neighbors or strangers due to the legal nature of the relation as a contractual one. The at-will contract prevents most tort claims against employers under an ideology that had the victims of harassment wanted protection against harassment, they should have bargained for protection in the terms of an already unspoken contract, or that if the circumstances become too objectionable, they can always quit. In the workplace, an employer's abuse of power is usually left without legal redress as a privilege of being an employer and as “part of the natural disorder of work life that cannot be changed.”
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