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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.

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CHOICE Review

Beiner (law, Univ. of Arkansas) argues that sexual harassment law has evolved with insufficient guidance from empirical studies of this social problem, rendering legal sanctions less effective and exposing plaintiffs to stereotypes and sexism in court. The author recognizes the limits of social science research on sexual harassment and acknowledges criticisms of courts' use of social science, yet she contends that even flawed information is better than guesswork. Other studies, such as Raymond Gregory's Unwelcome and Unlawful (CH, Dec'04, 42-2304), analyze sexual harassment jurisprudence through examinations of case law, but Beiner surveys social scientific literature with the object of grounding legal rules more solidly in social reality for the benefit of legal practitioners and employers as well as academics. Concentrating on contentious issues such as severity and pervasiveness, reasonableness standards, unwelcomeness, causation, employer liability, and remedies, Beiner highlights mismatches between the law and empirical research and suggests both legal reforms and research questions to close the gap. Written in clear, compelling prose, the study will enlighten readers curious about contemporary questions in sexual harassment law as well as specialists interested in the interaction of law and social science. ^BSumming Up: Highly recommended. Upper-division undergraduates and above. A. B. Cochran Agnes Scott College