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25 Creighton Law Review 827 (1992)
Copyright statement: Creighton University Law Review, “What Can You Say, Where Can You Say It, and to Whom?: A Guide to Understanding and Preventing Unlawful Sexual Harassment.” published in Vol. 25, Issue 3 (1991-1992, pp. 827-854, reprinted with permission. Copyright 1992 by Creighton University.


After an increase in visibility for sexual harassment cases in 1991, employers have had to treat allegations of sexual misconduct more seriously now that juries have the authority to award both compensatory and punitive damages. Many employers and employees remain confused, however, as to what conduct is considered unlawful sexual harassment. This article explains how courts have analyzed allegations of unlawful sexual harassment under Title VII of the Civil Rights Act of 1964 by discussing what a court must find before it will impose liability. In response to the very real and immediate demand for a straightforward discussion of the law concerning sexual harassment in the workplace, this article provides a summary that is hoped to educate and assist both employers and employees. This article also discusses relevant sections of the Civil Rights Act of 1991.