The Road to Equality: The Application of the Reasonable Woman Standard in Sexual Harassment Cases

Authors

Deborah B. Goldberg, Benjamin N. Cardozo School of Law

Abstract

The note advocates for the adoption of the reasonable woman standard in evaluating hostile work environment sexual harassment claims under Title VII. It argues that this standard is essential to ensure that such claims are assessed from the victim's perspective, particularly considering the gendered differences in perception of harassing behavior. The author contends that the reasonable woman standard promotes equality by recognizing that men and women may perceive sexual harassment differently, and it should be preferred over the gender-neutral reasonable person standard, which often overlooks women's experiences.

Disciplines

Environmental Law | Law | Law and Gender

Recommended Citation

Deborah B. Goldberg, The Road to Equality: The Application of the Reasonable Woman Standard in Sexual Harassment Cases, 2 Cardozo J. Equal Rts. & Soc. Just. 195 (1995).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol2/iss1/12