Brian Soucek

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Queering Sexual Harassment Law

Franchina v. City of Providence may be the first judicial opinion of the #MeToo movement. But it also points beyond the #MeToo movement, exemplifying harassment that is motivated by desires to enforce gender roles and why sexual orientation discrimination is sex discrimination under Title VII.

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Hively’s Self-Induced Blindness

The Seventh Circuit’s en banc decision in Hively v. Ivy Tech Community College has received as much attention for its dueling views of statutory interpretation as for its historic holding: that sexual orientation discrimination is protected under Title VII’s “because of sex” prong. Yet the opinions’ divergent approaches to statutory interpretation end up doing surprisingly little work. Lacking substantive engagement...