Susan Bisom-Rapp

Coming to Terms with Zero Tolerance Sexual Harassment Policies

ABSTRACT Although the term “zero tolerance” (ZT) has been used to describe sexual harassment policies, among other policies against undesired behavior, for several years, a zero tolerance industry has mushroomed since the Supreme Court fashioned the “affirmative defense” in their twin 1998 sexual harassment decisions. We take a critical look at policies noting that no clear definition exists, although either “absolutist” or “symbolic” classes of definitions appear to guide ZT proponents. As such ZT policies run the risk of increasing backlash against women, obfuscating proactive organizational climates, and emphasizing “form” over “substance.” We recommend that employers look at the root causes of sexual harassment and provide leadership in role modeling egalitarian, respectful work environments.

Cause, effect, and solution? The uneasy relationship between older age bias and age discrimination law

This chapter is a consideration of how the law in the UK and the US offers incomplete protection to disadvantage resulting from age bias in relation to older workers.

The Use of Subclasses in Class Action Suits under Title VII

This Comment considers the use of subclasses in class action suits brought under Title VII of the Civil Rights Act of 1964. The author argues that the lack of a systematic approach to subclass use has caused confusion for both judges and practitioners, leading to inconsistent administration of this procedural device. The author defines three categories of subclasses and, through a survey of the case law, describes their unique attributes and the circumstances which prompt their definition. Following this section, the author presents an approach for identifying the need, in a given case, for division of a class into subclasses and discusses practical methods for conducting class litigation after having certified a subclass.