{"title":"\"I Did Not Know\": A Letter From a Woman Janitor to Her Sexual Harasser","authors":"Beatriz Guillen","doi":"10.5070/l3262045669","DOIUrl":"https://doi.org/10.5070/l3262045669","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Letter From a Woman Janitor Working the Night Shift","authors":"Veronica Lagunas","doi":"10.5070/l3262045670","DOIUrl":"https://doi.org/10.5070/l3262045670","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Use Your Personal Lie Detector to Judge Kavanaugh","authors":"L. Gomez","doi":"10.5070/l3261044348","DOIUrl":"https://doi.org/10.5070/l3261044348","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Marginalization and Divestment: The Effects of Relocating the Los Angeles Women's Jail","authors":"Danielle Johnson","doi":"10.5070/l3262045667","DOIUrl":"https://doi.org/10.5070/l3262045667","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Letter From an Immigrant Woman to Her Rapist","authors":"L. Soto","doi":"10.5070/l3262045671","DOIUrl":"https://doi.org/10.5070/l3262045671","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Trauma Abounds: A Case for Trauma-Informed Lawyering","authors":"C. Pena","doi":"10.5070/l3261044345","DOIUrl":"https://doi.org/10.5070/l3261044345","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dearest Womyn of Color","authors":"Rosie Brown","doi":"10.5070/l3261044349","DOIUrl":"https://doi.org/10.5070/l3261044349","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Author(s): Ditkowsky, Marissa | Abstract: “A guest placed a tip on the counter, then stated he wanted to ‘put the tip on my ass.’ I refused and he took the tip back. I was going to tell management, but I didn’t because if he was going to be able to come back, what would stop him from aggressive acts in the future? He looked like he didn’t care about life.” This casino cocktail server’s disturbing account is one of many that UNITE HERE Local 1 collected in its groundbreaking study on sexual harassment and Chicago-area casino and hotel workers’ experiences in the workplace. A hotel housekeeper recalled her experience, saying, “[The guest] was completely naked, standing between the bed and the desk. He asked me for shampoo. I had to jump over the beds in order to get to the door and leave the room.”On October 5, 2017, the New York Times broke the pivotal story that Hollywood producer Harvey Weinstein had covered up nearly three decades of accusations of sexual harassment and unwanted physical contact. Following the coverage, women around the world became empowered to tell their stories on social media, contributing to the #MeToo trend. Stories about sexual harassment and the use of nondisclosure agreements also fueled the movement. However, there was one common denominator among all the individual stories that received considerable press attention: these women are all affluent celebrities.Low-wage workers continue to face widespread harassment in the workplace, yet we constantly overlook these workers’ plight. Despite #MeToo’s impact on white-collar employees and their ability to speak up for themselves, low-income workers do not benefit from the same protections that come with sheer bargaining power. That is why it is so vitally important for the law to step in and protect these workers. Low-wage workers are organizing, but lawyers must work as allies to empower them. This piece is intended to serve as a reminder that there is a disparity between whom the law is intended to protect and whom the law protects in practice, as well as to provide suggestions as to how we might work to address these disparities.The legal profession must take action to protect all workers—not simply those who are affluent enough to take large financial risks, afford the most prestigious attorneys, or singlehandedly start a trend. Title VII, on its own, simply does not cut it. In this Article, I argue that the largest barriers to justice and prevention of sexual harassment for low-wage workers include (1) terms of employment and contractual barriers, (2) lack of protection, (3) status barriers, and (4) access to justice concerns.
摘要:“一位客人把小费放在柜台上，然后说他想‘把小费放在我屁股上’，我拒绝了，他又把小费拿了回去。我本想告诉管理层，但我没有，因为如果他能回来，有什么能阻止他在未来做出过激的行为呢?他看起来一点也不在乎生活。”UNITE HERE Local 1对芝加哥地区赌场和酒店工作人员的性骚扰和工作经历进行了开创性的研究，收集了许多令人不安的描述，这位赌场鸡尾酒服务员的描述就是其中之一。一位酒店女管家回忆了她的经历，她说:“(这位客人)全身赤裸，站在床和桌子之间。他向我要洗发水。我不得不跳过床才能走到门口，离开房间。”2017年10月5日，《纽约时报》披露了好莱坞制片人哈维·韦恩斯坦隐瞒近30年性骚扰和身体接触指控的重要新闻。报道之后，世界各地的女性都有权在社交媒体上讲述自己的故事，为#MeToo(我也是)潮流做出了贡献。有关性骚扰和使用保密协议的报道也推动了这一运动。然而，在所有受到媒体广泛关注的个人故事中，有一个共同点:这些女性都是富有的名人。低薪工人在工作场所继续面临广泛的骚扰，但我们总是忽视这些工人的困境。尽管“我也是”运动对白领员工产生了影响，也让他们有能力为自己发声，但低收入工人并没有享受到纯粹议价能力所带来的同等保护。这就是为什么法律介入并保护这些工人至关重要的原因。低薪工人正在组织起来，但律师必须与他们结盟，赋予他们权力。这篇文章旨在提醒人们，法律保护的对象和法律在实践中保护的对象之间存在差异，并就我们如何解决这些差异提供建议。法律专业必须采取行动保护所有的工人，而不仅仅是那些足够富裕的人承担巨大的金融风险，请得起最负盛名的律师，或者单枪匹马地开创一种趋势。第七条本身并不能解决问题。在这篇文章中，我认为，对低工资工人来说，司法和预防性骚扰的最大障碍包括(1)就业条款和合同障碍，(2)缺乏保护，(3)地位障碍，(4)诉诸司法的问题。
{"title":"#UsToo: The Disparate Impact of and Ineffective Response to Sexual Harassment of Low-Wage Workers","authors":"Marissa Ditkowsky","doi":"10.5070/l3262045668","DOIUrl":"https://doi.org/10.5070/l3262045668","url":null,"abstract":"Author(s): Ditkowsky, Marissa | Abstract: “A guest placed a tip on the counter, then stated he wanted to ‘put the tip on my ass.’ I refused and he took the tip back. I was going to tell management, but I didn’t because if he was going to be able to come back, what would stop him from aggressive acts in the future? He looked like he didn’t care about life.” This casino cocktail server’s disturbing account is one of many that UNITE HERE Local 1 collected in its groundbreaking study on sexual harassment and Chicago-area casino and hotel workers’ experiences in the workplace. A hotel housekeeper recalled her experience, saying, “[The guest] was completely naked, standing between the bed and the desk. He asked me for shampoo. I had to jump over the beds in order to get to the door and leave the room.”On October 5, 2017, the New York Times broke the pivotal story that Hollywood producer Harvey Weinstein had covered up nearly three decades of accusations of sexual harassment and unwanted physical contact. Following the coverage, women around the world became empowered to tell their stories on social media, contributing to the #MeToo trend. Stories about sexual harassment and the use of nondisclosure agreements also fueled the movement. However, there was one common denominator among all the individual stories that received considerable press attention: these women are all affluent celebrities.Low-wage workers continue to face widespread harassment in the workplace, yet we constantly overlook these workers’ plight. Despite #MeToo’s impact on white-collar employees and their ability to speak up for themselves, low-income workers do not benefit from the same protections that come with sheer bargaining power. That is why it is so vitally important for the law to step in and protect these workers. Low-wage workers are organizing, but lawyers must work as allies to empower them. This piece is intended to serve as a reminder that there is a disparity between whom the law is intended to protect and whom the law protects in practice, as well as to provide suggestions as to how we might work to address these disparities.The legal profession must take action to protect all workers—not simply those who are affluent enough to take large financial risks, afford the most prestigious attorneys, or singlehandedly start a trend. Title VII, on its own, simply does not cut it. In this Article, I argue that the largest barriers to justice and prevention of sexual harassment for low-wage workers include (1) terms of employment and contractual barriers, (2) lack of protection, (3) status barriers, and (4) access to justice concerns.","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"We Still Have Not Learned From Anita Hill's Testimony","authors":"K. Crenshaw","doi":"10.5070/l3261044346","DOIUrl":"https://doi.org/10.5070/l3261044346","url":null,"abstract":"","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70753192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Author(s): Breeland, Nikki R. | Abstract: There has been a distinct rise in sexual assault allegations within the entertainment industry in recent years. The culture of the industry, the nature of entertainment contracts, and the abuse of the nondisclosure agreement are to blame for this rampant abuse of vulnerable entertainers. This Article focuses on the contractual prisons in which sexually abused entertainers find themselves when they attempt to part ways with their employers. Using prevailing equitable remedies in conjunction with the feminist contract theory of context and subjectivity can help alleviate some of the pressure on abused entertainers attempting to “breach” their contracts. While Title VII has been used in the employment law context, it has yet to be applied in the context of entertainment contracts. Using this novel approach, Title VII can put entertainment-based employers on the defensive by allowing intentional sexual torts to count as the first contract breach. One thing is for certain: something must be done to combat this culture of sexual assault within the entertainment industry.[1] [1]. “The recent revelations have proven that society must examine the persistent sexual harassment issue that has plagued women in some of the country’s most important industries. The first step to tackling the problem, though, must be addressing the contractual traps that are used to silence women and obscure the pattern of abuse. This Article uses feminist legal theory to shift the conversation, challenging how we’re characterizing ‘wrongdoing’ and ‘breaches.’ It is an important contribution to a vital national conversation.” Statement by Stacey Lantagne, Professor of Law, University of Mississippi School of Law, Oxford, Mississippi (Jan. 24, 2018).
{"title":"'All the Truth I Could Tell': A Discussion of Title VII's Potential Impact on Systemic Entertainment Industry Victimization","authors":"N. Breeland","doi":"10.2139/SSRN.3106284","DOIUrl":"https://doi.org/10.2139/SSRN.3106284","url":null,"abstract":"Author(s): Breeland, Nikki R. | Abstract: There has been a distinct rise in sexual assault allegations within the entertainment industry in recent years. The culture of the industry, the nature of entertainment contracts, and the abuse of the nondisclosure agreement are to blame for this rampant abuse of vulnerable entertainers. This Article focuses on the contractual prisons in which sexually abused entertainers find themselves when they attempt to part ways with their employers. Using prevailing equitable remedies in conjunction with the feminist contract theory of context and subjectivity can help alleviate some of the pressure on abused entertainers attempting to “breach” their contracts. While Title VII has been used in the employment law context, it has yet to be applied in the context of entertainment contracts. Using this novel approach, Title VII can put entertainment-based employers on the defensive by allowing intentional sexual torts to count as the first contract breach. One thing is for certain: something must be done to combat this culture of sexual assault within the entertainment industry.[1] [1]. “The recent revelations have proven that society must examine the persistent sexual harassment issue that has plagued women in some of the country’s most important industries. The first step to tackling the problem, though, must be addressing the contractual traps that are used to silence women and obscure the pattern of abuse. This Article uses feminist legal theory to shift the conversation, challenging how we’re characterizing ‘wrongdoing’ and ‘breaches.’ It is an important contribution to a vital national conversation.” Statement by Stacey Lantagne, Professor of Law, University of Mississippi School of Law, Oxford, Mississippi (Jan. 24, 2018).","PeriodicalId":83388,"journal":{"name":"UCLA women's law journal","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44259048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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