What is sexual harassment, and what is its actual harm? Since the 1980s, these two questions have perplexed lawmakers, policymakers, feminists, and the public. Today, with the rise of #MeToo, and with increased national attention to Title IX claims regarding sexual violence on college campuses, these questions are once again in the spotlight. As some commentators have observed, in the last several years lawmakers and policymakers have been increasingly influenced by a feminist antisubordination approach to sexual harassment and assault. This growing influence is currently reflected in more strict standards of consent (“affirmative consent”) to sex, in higher procedural and substantive burdens on those accused of sexual harassment or assault, and in closer governmental monitoring of institutional settings, such as public universities.
Noa Ben-Asher, How Is Sex Harassment Discriminatory?, 94 Notre Dame L. Rev. Online 25 (2018), https://digitalcommons.pace.edu/lawfaculty/1102/.