The Power of Law and the Sexual Harassment Complaints of Women

Abstract

Media reports about those who seek legal empowerment present a less optimistic view. Most notably, the sensationalizing of Anita Hill's sexual harassment complaints dramatized the lack of control victims have over the destiny of their complaints and even their own participation in them (Mayer and Abramson 1995; Morris 1994). In addition, the U.S. Navy's failure to indict members of the Tailhook Organization for the harassment and assault of Lieutenant Paula Coughlin and others underscores just how little power legal action affords (Francke 1993, 1994; Office of the Inspector General 1995). Furthermore, studies of sexual harassment litigation indicate that only a small portion of those who file charges ever prevail. Less than 1 percent of claims filed with government agencies are ever litigated. Furthermore, less than 33 percent of judgments rendered in sexual harassment cases favor plaintiffs (Terpestra and Baker 1988, 1992). Million dollar awards are the exception not the rule. More often, settlements and awards average one month's salary (Coles 1982). Thus skeptics have begun to question the limits of legal empowerment for sexual harassment victims (Smart 1989, 1995). Acknowledging the plight of sexual harassment claimants, legal research has revealed a number of procedural and substantive shortcomings of sexual harassment legislation and case law (see for example Crenshaw 1992; Dodier 1987; Ehrenreich 1990; Fechner 1990; George 1993; O'Neill 1989; and Winston 1991). In lieu of their research have come calls for