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Directions in Sexual Harassment Law$
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Catharine A. MacKinnon and Reva B. Siegel

Print publication date: 2003

Print ISBN-13: 9780300098006

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300098006.001.0001

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Sexual Labor

Sexual Labor

(p.129) 9 Sexual Labor
Directions in Sexual Harassment Law

Jane E. Larson

Yale University Press

This chapter argues that a concern for assuring the dignity of labor for women as a collective, and not the policing of sexual boundaries between individuals, should guide the courts in defining doctrinal elements of the cause of action. The author considers “sexual labor” and the definition of work, and asks what it means to get equal pay and enjoy equal working conditions. It is also considered how differing regimes of sexual harassment law affect women's relationship to work. The author proposes an alternative vision of sexual harassment law as collective bargaining by women over the conditions of their labor through the political process. Finally, and from this labor perspective, she argues for eliminating one element of the existing doctrine, the requirement of “unwelcomeness.”

Keywords:   dignity of labor, sexual boundaries, doctrinal elements, cause of action, sexual labor, collective bargaining, political process, unwelcomeness

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