Sexual Harassment afterJanzen v. Platy: The Transformative Possibilities

KATHLEEN GALLIVAN

ABSTRACT

The author contends that women do not enjoy adequate legal protection against sexual harassment, especially when their harassers are co-workers. The root of sexual harassment in power inequality, its manifestations and consequences for women are analyzed. Attention is focused on the reliance on gender stereotypes to establish the legal parameters of acceptable conduct. It is argued that, while the Supreme Court decision in Janzen v. Platy Enterprises Ltd. provides a liberal definition of sexual harassment, its impact is likely to be limited because of its failure to scrutinize these stereotypes. An alternative approach to sexual harassment analysis is offered.

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Citation: (1991) 49(1) U.T. Fac. L. Rev. 27.
Copyright © 1991. University of Toronto Faculty of Law Review.
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