The #metoo movement has increased the focus on sexual harassment cases and how courts analyze them. One way to increase the reach of harassment law is hidden in plain sight: the text of Title VII itself.
Title VII, the federal law that prohibits harassment based on race, sex, and other protected traits, has two main provisions. Under Title VII’s first provision, it is an unlawful employment practice for an employer to do the following:
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.
The twilight hours of that night in 2016 are buried in oblivion, sunk out of my head, perhaps for self-protection. Fraternity boy coolness turns to shadiness at nightfall. His country boy accent is of the coal pitch blackness of the mines. I try to take flight, hasten away from my wails, make a quick getaway. I sink lower, shutting my eyes in this icebox. He is soulless, like a lone wolf committing acts of terrorism upon me in his below-zero bedroom His 240 pounds are unrelenting against my small body. He’s deaf to my screams. I tunnel inside myself, finding a crawlspace to hide. He finishes, “Don’t go out there and make a big deal out of this.” So, I am cast aside, and sent back outside into the cold night.