The Limits of Law: Sexual Harassment and Institutional Culture
Professor Grossman discusses the ineffectiveness of law in reducing the level of workplace harassment and in ensuring appropriate compensation for victims. Explains the rules governing employer liability for sexual harassment and the behavioral incentives created for employers, harassers and victims. She argues that the legal incentives are misplaced because preventative measures, such as anti-harassment policies, procedures, and training, have proven effective. By overlooking the role employers place in creating and controlling workplace culture and in maintaining gender-imbalanced workforces, the law fails to create appropriate incentives for employers that might lead to the eradication of sexual harassment in the workplace.
Grossman, Joanna, "The Limits of Law: Sexual Harassment and Institutional Culture" (2004). Hofstra University Distinguished Faculty Lecture Series. 6.