Sexual harassment and social justice: reflections on the distance yet to go

Despite progress, protections remain inadequate for victims who bring legal claims of sexual harassment. The process for damages determination frequently increases harm and undercuts the policy initiatives enshrined in Title VII. The author critiques this process, focusing on misuse of psychological examinations and failure of the federal "rape shield" law to adequately protect plaintiffs. The author suggests possible reforms, including removing caps on Title VII damages, minimum awards (i.e., liquidated damages) upon proof of liability, and strategies for educating juries on the harms of harassment that do not exacerbate them, and concludes with a call for professional guidelines for conducting forensic evaluations in sexual harassment cases, thus advancing the policy goal of combating discrimination by encouraging victims to come forward.