Vol. 14 No. 6 (June 2004), pp.374-376

SEXUAL HARASSMENT AND THE LAW: THE MECHELLE VINSON CASE, by Augustus B. Cochran, III.  Lawrence, Kansas: University Press of Kansas, 2004.  256pp. Cloth $29.95. ISBN: 0-70006-1322-6. Paper $14.95. ISBN 0-7006-1323-4.

Reviewed by Paul Weizer, Department of Social Sciences, Fitchburg State College.  Email: pweizer@fsc.edu .

SEXUAL HARASSMENT AND THE LAW: THE MECHELLE VINSON CASE is the latest installment in the fine series of Landmark Law Cases and American Society published by the University Press of Kansas.  Books in this series typically provide a book-length treatment of a single landmark case which allows the reader to appreciate the human story behind these important cases as well and the societal impact of Supreme Court decisions.  This book is exceptionally well written and painstakingly researched.  However, due in large part to the case selection, the story feels incomplete.  The VINSON case is a difficult one for this type of treatment for several reasons.  First, the facts remain in dispute.  Further, the final disposition was reached out of court through a settlement on secret terms.  What the Supreme Court actually decided was how procedurally this case would progress.  Without an actual resolution to the dispute, the human story is very hard to tell. 

The book begins with an excellent treatment of the importance of the work place to a feeling of individual worth, which explains why sexual harassment in the work place is such an important issue.  This section paints a vivid portrait of the plight of women, long denied access to the work place, and who, with a small number of positions available to them, finally begin to advance to a more equal footing, only to be knocked down by sexual propositions, innuendo, or outright discrimination.  The chapter also focuses on the origins of work place protections in Title VII of the Civil Rights Act of 1964.   Sex, as a protected category, was originally slipped into the bill as a “joke” or a means of sinking the bill altogether.  Eventually, however, it came to be accepted (even by its joking sponsor) and today represents the federal mainstay against workplace discrimination. 

Chapter Two examines the origins of the term, “sexual harassment,” as well and the initial legal protections in this area.  This examination begins with a variety of statistics regarding the prevalence of sexual harassment and its effects on working women.  Next, Cochran provides a brief history of the feminist movement led by Catharine MacKinnon, whose writings would ultimately become part of the law as a result of the VINSON case.  Finally, the chapter concludes with a review of the early cases on sexual harassment law.  This section is particularly strong in summarizing how far sexual harassment law had to come from the first cases in the 1970s.  The early decisions regularly found no fault in sexual propositions, or even demands, since the harassment was not official company policy.  One court even described blatant verbal and [*375] physical harassment as “nothing more than a personal proclivity, peculiarity, or mannerism” of the supervisor, bearing no reflection on the company since the behavior was not “employer designed.”

Chapter Three begins the story of Mechelle Vinson.  It is interesting to note that a book on the Mechelle Vinson case doesn’t begin her story until page 57, and then does so prefaced with a cautionary note to the reader not to assume any particular facts presented as part of the story that follows are verified truths.  Cochran presents a good description of how a case proceeds through the court system.  The chapter covers the details of the trial and the strategies of the opposing sides, and, following the decision in the district court, the appellate process is also described in good detail.  Every important element of both the trial and appellate process are covered along with the thoughts of the attorneys. 

Chapter Four picks up the story as the case reaches the United States Supreme Court.  This chapter begins with a solid summary of the written briefs filed by each side filed along with the arguments advanced by various “friends of the court.”  Oral arguments in are then presented in detail.  Based on conference notes from Justice William Brennan, the chapter proceeds to show how the decision took shape, from discussion at conference through the draft phase of the opinion.  The Supreme Court ultimately ruled in Vinson’s favor on most points and sent the case back to the district court to consider, for the first time in American law, the concept of a hostile environment form of sexual harassment.  The significance of the case is extraordinary as the Supreme Court, through the VINSON controversy, opened new legal avenues to sexual harassment victims.  The chapter ends with the resolution of the case through a settlement on secret terms. 

After only two chapters, the book leaves the Mechelle Vinson story and proceeds to assess sexual harassment law in a much larger context.  The remaining three chapters consider issues and developments that came after the VINSON decision.  Among the topics addressed are the Civil Rights Act of 1991, the extension of sexual harassment law to education, the inclusion of same sex harassment in the protections of the law, as well as other legal protection issues.

The final chapter attempts to place in context the social impact of the VINSON decision first by examining the great increase, both in terms of filings and dollars, of sexual harassment claims and then by briefly touching on major high profile sexual harassment episodes, such as the Tailhook scandal, the Clarence Thomas confirmation hearings, and the impeachment of President Clinton.  The Conclusion presents a variety of approaches to the matter and some thoughts for addressing the societal problems associated with sexual harassment, including the opinions of commentators who think sexual harassment law has gone too far and opposing viewpoints asserting that the law still does not go far enough.

This book is a very good introduction to sexual harassment and could be quite useful for undergraduate classes looking to scratch the surface of this complex area of law.  The main shortcoming of the book, however, is that in trying to [*376] provide such broad treatment of the issues in a relatively short volume, it merely skims the surface.  If Cochran’s purpose is to humanize the story of Mechelle Vinson, the book does not go far enough.  If his purpose is to provide a primer on the importance of sexual harassment in society, the analysis presented here is insufficient.  Despite these minor criticisms, in the end, this is a very good book, and, for those looking to introduce students (or themselves) to the area of sexual harassment law, this book is ideal.  

CASE REFERENCE:

MERITOR SAVINGS BANK v. VINSON, 477 US 57 (1986).

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Copyright 2004 by the author, Paul Weizer.