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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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Pornography as Sexual Harassment in Canada

Pornography as Sexual Harassment in Canada

(p.417) 25 Pornography as Sexual Harassment in Canada
Directions in Sexual Harassment Law

Janine Benedet

Yale University Press

This chapter discusses how the display or use of pornography in the workplace is recognized as a form of sexual harassment by provincial human rights tribunals in Canada. Grievance arbitrators under collective agreements have accepted this approach in principle, while showing greater reluctance to find harassment on the facts. The chapter considers why, despite the debate in the United States as to whether or not certain kinds of sexual harassment, including workplace pornography, are protected speech under the First Amendment, there have been no serious free speech arguments in Canadian sexual harassment cases. The author argues here that the fact that U.S. sexual harassment law is threatened by the First Amendment indicates that First Amendment doctrine should be reevaluated, rather than legal protections for women at work narrowed.

Keywords:   pornography, human rights tribunals, Canada, collective agreements, grievance arbitrators, free speech arguments, Canadian sexual harassment, legal protections

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