1. SeeNemyEnidWomen begin to speak out against sexual harassment at work, New York Times 19August19753838The first major book-length study was by Lin Farley (1978) Sexual Shakedown: the sexual harassment of women on the job (New York: McGraw-Hill). She gives a reference to a newspaper article as early as 1967 but this appears to be a misprint as the person being quoted is supposed to be speaking in 1976. Not long after Farley's book appeared another was published by Catherine MacKinnon (1979) Sexual Harassment of Working Women (New Haven: Yale University Press). But note that according toMinsonJeffreySocial theory and legal argument: Catharine MacKinnon on sexual harassment International Journal of Sociology of Law 199119her manuscript was in circulation as early as 1975. Since the publication of Farley's and of MacKinnon's pathbreaking books the literature on sexual harassment has expanded considerably. However, we should also point out that these various post-1975 accounts of sexual harassment are primarily concerned with establishing the presence and prevalence of sexual harassment rather than with the problem of historicisation
2. The Cherry case study is further elaborated in J. Jose &C. Bacchi (forthcoming) Dealing with sexual harassment: power and sexuality in the classroom, 1912. History of Education Review. Quoted words are from Minutes of the Cherry Board of Enquiry, November 1912, held in the State Records Office (SouthAustralia): GRG 24/6/1912.CSO: 1614 (hereafter cited above as Minutes)
3. We should also point out that the Board of Enquiry was set up at Cherry's request to appeal the Education Department's decision to sack him. As part of its brief the Board was to ascertain Cherry's fitness to remain within the Civil Service, not just the teaching service
4. In one sense we might agree with Justice Einfeld's words though not with his interpretation. It is true that forms of harassment such as these women complained of “can be considered within the bounds of the normal life experiences of most women”. That is precisely our point. Sexual harassment should not be part of the ‘normal life experiences’ of any women
5. Sources for this summary were taken from information circulated by Ms Josephine Tiddy, the Commissioner for Equal Opportunity (SA), in a letter of 4 August 1988. Attached to the letter were photocopies of a summary of the judgement, a press release from the SA Commissioner about the judgement, and a few press cuttings. We would also point out that it was the view of the Commissioner that “[t]he effect of this decision is to shift the responsibility for sexual harassment from men to women.” See alsoMorganJennySexual harassment: one man's view – the Einfeld decision Refractory Girl: a feminist journal 1989. Note also that Einfeld's decision concerning damages was overthrown on appeal by the Australian Federal Court, March 1989. See Hall and others v. A & A Sheiban Pty Ltd and others, 20 SCR