ABSTRACT

The title of this chapter suggests, a law and economics approach to sexual harassment may be efficient, but it is not equitable. The first section of the chapter explores what sexual harassment is and briefly looks at relevant statutory law, government guidelines, and Supreme Court rulings in this area. In the second section, titled Using the Law and Economics Paradigm to Interpret Sexual Harassment, it uses the law and economics paradigm to explain why harassment takes place. In the third section, titled A Feminist Critique of the Law and Economics Paradigm, it argues that while sexual harassment may be efficient in a neoclassical economic sense, it is not equitable in a Rawlsian sense. In the forth section, titled Differing Perspectives on How the Problem of Sexual Harassment Can Be Solved, it discusses proposals made by some proponents of the law and economics paradigm to eliminate or drastically reduce government regulation of sex discrimination.