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A
Professor calls for
fair legal standards
By Edward Klopfenstein
For rue 0*00° 0*V Fmorahl
The 1931 Clarence Thomas
nomination uproar was all Ani
ta Hill's fault, according to one
Harvard sociologist
Hill should have recognized
Thomas' "down-home style of
courting "
University Law Professor Car
oline Forell said the above quote
by Orlando Patterson represents
the view of a male-centered legal
system, a system that views jus
tice in sexual harassment cases
through the eyes of a mytholog
ical middle-class man.
Forell spoke on women and
justice Saturday, ending a three
day University Humanities Ou
ter sponsored symposium titled
"Justice Race. Class, and Gen
der."
The professor advocated
changing the legal "reasonable
person" and reasonable man”
standards presently used in many
sexual harassment and ra|>e cas
«s to "reasonable woman." Judges
and juries use "reasonable" stan
dards to judge what is and isn't
rational behavior when deciding
a court case.
To Forell. and many "reason
able woman" advocates, the old
standards have never lost their
male point of view.
"{The) reasonableness standard
has never been neutntgtnd that
the norm represented by the 'rea
sonable person' against which all
conduct is measured continues
to lie male." said the professor.
History proves Forell's case,
she said.
The "we" in the Declaration of
Independence offers a prime
example of the male endorsement
of law. Forell said, quoting law
Professor Angela Harris, as the
"we" in "We the People" was
intended to represent inale, white
and propertied
In the history of the U.S.
Supreme Court only one sexual
harassment case has been heard
Truii iasv was tried 12 years alter
the 1984 Civil Rights Act that
barred sox discrimination in the
workplace The plaintiff, having
been raped and thus obviously in
an "abusive working environ
ment." won the case.
Proving more subtle harass
ment appears more difficult
under the reasonable man or per
son standards.
In a 1986 lower court decision,
the female plaintiff pleaded that
she faced daily assault from sex
ual slurs and pornographic mate
rial. She lost the case
"It cannot seriously be disput
ed that in some work environ
ments. humor and language are
rough, hewn and vulgar," said
the court in its decision, adding
that "(The Civil Rights Act) was
not meant to ... change this.”
When applied, the "reasonable
woman” standard has helped
female plaintiffs present their ras
es. Forell cites the case of a
female welder working among
846 male shipyard workers as a
good example. The judge said the
intimidating amount of pornog
raphy and sexual slurs, when
seen from a woman's perspective,
made the workplace an abusive
environment.
Critics say creating a "woman"
standard might draw stereotypes
and hurt women's groups trying
to fight for equal rights.
"They fear that the decision
makers will apply their precon
ceived notions of women as
inherently unreliable, hysterical
and supersensitive and as a result
will hinder women's quest for
equality." Forell said.
Forell herself has reservations
on the standard, saying it must
be carefully defined so it won't
invite the stereotypes. She has
studied the issue for more than
three years, she said.
She also said the "reasonable
woman" should apply only
where gender is part of the case.
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