Over the last decade, courts have increasingly struggled with a problem in sexual harassment doctrine: Title VII, the statute under which most federal claims of sexual harassment are brought, does not explicitly prohibit sexual harassment. Instead, the statute makes it unlawful for an employer to discriminate "against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's... sex."
"Why Title VII Should Prohibit All Workplace Sexual Harassment,"
Yale Journal of Law & Feminism:
2, Article 3.
Available at: http://digitalcommons.law.yale.edu/yjlf/vol12/iss2/3