Sexual Harassment: Winning the War, but Losing the Peace?

Suzanne R. Butler

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DOI: 10.2190/ME2C-8GUE-JP1T-R4B0

Abstract

This article focuses on a division of opinion between labor arbitrators and some federal courts as to the proper remedy in workplace sexual harassment cases. Three schools of thought are identified. First, the author examines the reasoning of those who maintain that "progressive discipline" is appropriate and, second, the reasoning of those who have held that public policy requires the "immediate discharge" of harassers whose mere presence would otherwise prevent the employer from maintaining a nonhostile working environment. The author cautions against an emotional, divisive, witch-hunt mentality that national traumas such as the televised Thomas-Hill hearings can set loose and argues, third, that "tailored remedies" such as transfer, counseling, and apologies should be used in all but the most egregious cases if the overarching public policy of maintaining "industrial peace" is to be achieved.

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