Theories of Recovery for Sexual Harassment: Going beyond Title VII

In this Article, Professors Dworkin, Ginger, and Mallor articulate and evaluate theories of recovery for sexual harassment outside of title VII of the Civil Rights Act of 1964. It initially reviews the development and expansion of the concept of sexual harassment. It then explores the reasons for plaintiffs to seek a cause of action outside of title VII. Finally, the Article presents a discussion of the application and advantages of each alternative theory of recovery.

The authors conclude by noting that the opportunities for recovery have expanded well beyond title VII and will continue to expand.