Sexual Harassment Trajectories: Limits Of (Current) Law And Of The Administrative State

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Journal Of Women, Politics, And Policy


The current attack on the administrative state and its more inclusive policies is accompanied by a push to limit judicial deference to administrative rulemaking. This recent trend stands in tension with the #MeToo movement and a shift in constitutional culture regarding sexual misconduct that has been developing over several decades. While the Equal Employment Opportunity Commission has continued to expand what counts as discrimination on the basis of sex under Title VII of the 1964 Civil Rights Act (recently adding sexual orientation to that list), and the Supreme Court has recognized some of these expansions, #MeToo invites rethinking what Title VII has and has not accomplished for women, why, likely prospects for addressing sexual misconduct, and the limits of law.


Sex discrimination, administrative rulemaking, #MeToo, sexual misconduct, EEOC, Supreme Court

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