The Economics and Law of Sexual Harassment in the Workplace

Kaushik Basu

95 citations0/0 files storedThe Journal of Economic Perspectives

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Discrimination and Equality Law Workplace Violence and Bullying Law, Economics, and Judicial Systems

Abstract

Suppose a firm has a widespread reputation for sexually harassing its employees. When a person signs up to work for such a firm, it would appear that both the firm and the worker are better off by virtue of the ‘exchange’. Is there a case then for government to ban sexual harassment in the workplace? Starting from this question, this paper constructs an argument for legislative intervention. This ‘economic approach’ is applied to other labor market practices and is used to evaluate and critique the current law concerning sexual harassment in the U.S. and other nations.

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References

198611. Reasons and Persons 2000Philosophy and Public Affairs 2025International Labour Review 1999Child Labor: Cause, Consequence, and Cure, with Remarks on International Labor Standards 1987Takings: Private Property and the Power of Eminent Domain, by Richard A. Epstein 1979Sexual Harassment of Working Women: A Case of Sex Discrimination, by Catharine A. MacKinnon 1999GENDER AND SEXUAL HARASSMENT 1998Reconceptualizing Sexual Harassment

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2022Sexual Harassment and Gender Inequality in the Labor Market 2007Bullying, education and earnings: Evidence from the National Child Development Study 2013Does bullying reduce educational achievement? An evaluation using matching estimators 2006Repugnance as a Constraint on Markets 2006Coercion, Contract and the Limits of the Market 2022Sexual Harassment and Gender Inequality in the Labor Market

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