Cultural Facism

Hiring women in a high stressed, fast paced environment with sexual harassment litigations and punitive damages rising as a result of the Civil Rights Bill of 1991 is the concern of Sarah J. McCarthy, a restaurant/bar owner and the author of “Cultural Fascism.” McCarthy describes the working relationship between male and female employees in her restaurant/bar normal considering the disposition of the individuals and the atmosphere in which they work. She explains that flirting and “colorful language” (McCarthy p.2) is just another way to brush off orders that could be considered offensive.

McCarthy says the definition of harassment is different from that of the EEOC or women’s study groups and says the law does not provide a clear definition. McCarthy claims that it is unfair to hold employers financially responsible for violations they are not aware of occurring and reminds us “that education, not laws, [are] the solution to our problems” (McCarthy p. 6). McCarthy says the groups that support the sexual harassment law never considered the effects it would have. She compares Chinese communists with the Civil Bill of Rights of 1991, claiming that it is a violation of free speech, discussing her involvement as a feminist activist in the 1970's and the danger of infringing upon the First Amendment, stating that free speech was “what made our country grow into a land of enlightenment and diversity” (McCarthy p. 6).

She claims the sexual harassment law does not protect the women it was designed to help, instead making employers choose men over women when hiring and that women are becoming “china dolls... with a $300,000 price tag” (McCarthy p.10). McCarthy describes the powerless stereotype that women have fought for centuries to overcome and claims that politically correct lawyers promoting tort litigation, prude judges, sexual politics and the leadership of women’s movements try to place it upon them. She claims that women in the workplace are no longer viewed as trusted colleagues but “potential informers seeking punitive damages and instant riches” (McCarthy p. 3).

I read the “Code of Federal Regulations, Part 1604, Guidelines on Discrimination Because of Sex,” and it states that an employer is responsible for acts of sexual harassment in the workplace where the employer knows or should have known of the conduct, unless it can show that it took immediate and appropriate action. Furthermore, and McCarthy does not even address this issue, that an employer is also liable for sexual misconduct of non employees, IE: customers, vendors, etc. It also further defines harassment as un-welcomed sexual advances, physical or verbal, where submission to such conduct becomes a term or condition of employment, where rejecting or refusing such