Pornography, equality, and a discrimination-free workplace: a comparative perspective
Article Abstract:
Pornography in the workplace should be prohibited under Title VII as constituting hostile environment sexual harassment. The feminist view of pornography as harmful to women has been accepted by the Canadian Supreme Court, which upheld the constitutionality of Canada's obscenity law in Butler v the Queen. Pornography has been considered evidence of a hostile working environment in one US District Court in Robinson v Jacksonville Shipyards, a case to be reviewed by the 11th Circuit. The case offers an argument for eliminating pornography to promote gender equality in the workplace.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Criminal law - sentencing guidelines - Ninth Circuit holds that trafficking in child pornography does not constitute a pattern of sexual exploitation of minors
Article Abstract:
The US 9th Circuit Court of Appeals in 1997's United States v. Kemmish improperly did not exercise its discretion under the Federal Sentencing Guidelines to enhance the sentence for an extremely culpable defendant. The court classified the defendant's crime of trafficking in child pornography into the general trafficking category. Disregarding differences in proportionality within crime categories in favor of between crime categories is an unjustified abandonment of judicial authority to consider each case on its individual merits.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
Notice in hostile environment discrimination law
Article Abstract:
The courts, in evaluating claims of a hostile work environment, ignore real-world social and psychological barriers to reporting by harassment victims. The court should allow informal reports of inappropriate workplace conduct to trigger the employer's duty to respond and the number of employee representatives capable of receiving notice should be expanded. A higher standard for company complaint policies should be set and assessment of the reasonableness of an employee's failure to complain should be permitted.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: When does private discrimination justify public affirmative action? Two views of the river: a critique of the liberal defense of affirmative action
- Abstracts: What corporate social responsibility means to me. The four faces of corporate citizenship
- Abstracts: Proof of the meeting competition defense: investigation and verification of reported competing offers. Intercompetitor cooperation in the petroleum industry
- Abstracts: Monopoly and competition in the supply and exchange of money. Twenty-one years of antitrust injury: down the alley with Brunswick v. Pueblo Bowl-O-Mat
- Abstracts: How to win NLRB cases: tips from a former insider. The late Justice Brennan and American labor law. Privileges under the NLRA: attorney-client, work-product, collective bargaining and strike strategy, and mediator