Summary of Ellen Frankel Paul's "Bared Buttocks and Federal Cases-.
In Ellen Frankel Paul's essay "Bared Buttocks and Federal Cases-, she examines the existing sexual harassment laws and makes a policy argument based on what she finds.
Paul makes several assertions in her article, including the Civil Rights Act of 1964, and she argues that this type of sexual harassment should be handled by a tort instead. She also argues that a definition of sexual harassment should be established based on the standards of what a "reasonable man- would find personally harmful.
For support, Paul takes commonly held beliefs and explaining why they are not true. She also states the familiar concept that most sexual harassment occurs when a male in a position of power harasses a female worker. .
Next, Paul argues that the facts about sexual harassment are highly unreliable and ineffectively define sexual harassment. She offers examples of polls taken that display twisted results and argues that this difference is partially due to the pollsters keeping their best interest in mind. Paul also declares that these polls are inaccurate in part because of the overly broad existing definition of sexual harassments. .
Paul then goes on to argue that "a sense of proportion needs to be restored and distinctions a need to be made- (708), regarding what sexual harassment is and is not. She claims "Ideology blurs the distinction between being injured - being a genuine victim - and merely being offended- (Paul 708). Although Paul offers no specific definition as a solution, she does offer her opinion that a definition should be established based on what the "reasonable man- believes is acceptable. .
Finally, at the end of her article, Paul makes the moral argument that if people believe that women should have equal rights, they should agree with her because making laws to protect women from sexual harassment sets them apart as weak and unable to deal with everyday life.
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