Sexual Harassment: Psychiatric Assessment in Employment Litigation

313 Pages·2004·2.57 MB·English

by  Liza H. Gold

Sexual Harassment
Psychiatric Assessment
in Employment Litigation
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Sexual Harassment
Psychiatric Assessment
in Employment Litigation
Liza H. Gold, M.D.
Clinical Associate Professor of Psychiatry
Associate Director, Program in Psychiatry and Law
Georgetown University School of Medicine
Washington, D.C.
Washington, DC
London, England
Note: The authors have worked to ensure that all information in this book
is accurate at the time of publication and consistent with general psychiatric
and medical standards, and that information concerning drug dosages,
schedules, and routes of administration is accurate at the time of publication
and consistent with standards set by the U.S. Food and Drug Administration
and the general medical community. As medical research and practice con-
tinue to advance, however, therapeutic standards may change. Moreover,
specific situations may require a specific therapeutic response not included
in this book. For these reasons and because human and mechanical errors
sometimes occur, we recommend that readers follow the advice of physi-
cians directly involved in their care or the care of a member of their family.
Books published by American Psychiatric Publishing, Inc., represent the
views and opinions of the individual authors and do not necessarily repre-
sent the policies and opinions of APPI or the American Psychiatric Associa-
tion.
Copyright © 2004 American Psychiatric Publishing, Inc.
ALL RIGHTS RESERVED
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Library of Congress Cataloging-in-Publication Data
Gold, Liza H., 1958–
Sexual harassment : psychiatric assessment in employment litigation /
Liza H. Gold.—1st ed.
p. cm.
Includes bibliographical references and index.
ISBN 1-58562-012-2 (alk. paper)
1. Sexual harassment—Law and legislation—United States. 2. Sexual
harassment—United States—Psychological aspects. 3. Forensic psychol-
ogy—United States. 4. Evidence, Expert—United States. I. Title.
KF3467.G65 2004
344.7301′4133—dc22
2004046337
British Library Cataloguing in Publication Data
A CIP record is available from the British Library.
To Jeff, Joshua, and Alix
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Scientists may always be asked to explain
their choices, to exhibit the bases for their
judgments. Such judgments are eminently
discussable, and the man who refuses to
discuss his own cannot expect to be taken
seriously.
Thomas S. Kuhn
The Essential Tension: Selected Studies in
Scientific Tradition and Change
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Contents
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xi
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xiii
Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xix
1
The Psychiatric Expert in Sexual Harassment Litigation. . . . . 1
2
Sexual Harassment: Definition, Legal History, and
Legal Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3
Bias in the Assessment of Sexual Harassment Claims . . . . . . 37
4
Gender, the Workplace, and Sexual Harassment . . . . . . . . . . 57
5
Sexual Harassment Research, Science, and Daubert. . . . . . . . 79
6
Special Issues in and Guidelines for the
PsychiatricEvaluation and Interview. . . . . . . . . . . . . . . . . . 103
7
Credibility Assessments and Malingering in
Sexual Harassment Litigation. . . . . . . . . . . . . . . . . . . . . . . . 125
8
The Assessment of “Welcomeness” . . . . . . . . . . . . . . . . . . . 143