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- LAW, Page 61A Setback for Pinups at Work
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- In Florida a federal judge rules that pictures of nude women can
- be considered a form of sexual harassment
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- At factories, construction sites and shipyards across the
- U.S., girly pinups -- often so anatomically explicit they would
- make Betty Grable blush -- are the workingman's constant
- companion. Although women hold 8.6% of skilled blue-collar
- jobs, their presence has done little to diminish the existence
- of these graphic images. For their part, courts have been
- reluctant to rule that pornographic pictures constitute a form
- of sexual harassment in the workplace, mainly because such
- photos are ubiquitous.
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- Now a ground-breaking decision by the federal district court
- in Jacksonville has changed all that. The court ruled that
- pictures of naked and scantily clad women displayed at the
- Jacksonville Shipyards qualify as harassment under Title VII
- of the 1964 Civil Rights Act. Such a "boys' club" atmosphere,
- wrote Judge Howell Melton in his 98-page opinion, is "no less
- destructive to workplace equality than a sign declaring `Men
- Only.'" The Florida branch of the American Civil Liberties
- Union promptly denounced the decision as a possible violation
- of free speech, but many women were jubilant. Exulted
- University of Michigan law professor Catharine MacKinnon: "This
- is a stunning victory."
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- The landmark case was brought by shipyard welder Lois
- Robinson, who accused her employer of ignoring the display of
- pornographic images and condoning the routine verbal abuse of
- the six females among the 846 skilled-crafts employees.
- Robinson and two other women testified that they endured a
- barrage of comments from their male peers, perhaps the mildest
- of which was "I'd like to get in bed with that." The offending
- photos, many of which came from calendars provided by
- tool-supply companies, included a nude woman bending over with
- her buttocks and genitals exposed, a nude female torso with
- USDA CHOICE written on it and a dart board that displayed a
- drawing of a woman's breast, with her nipple as the bull's eye.
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- At the trial, the shipyard presented an expert witness who
- asserted that such depictions would not offend the "average
- woman." Judge Melton was not persuaded. Among other things, he
- said, females in a "sexually hostile" workplace are a captive
- audience for pornography and are usually reluctant to challenge
- superiors and colleagues over the issue. "Nobody's stopping the
- men at Jacksonville Shipyards from reading pornography," says
- Alison Wetherfield, an attorney with the women's advocacy group
- that represented Robinson. "They're just saying, `You can't do
- it here, boys.'"
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- Jacksonville Shipyards has refused to comment on the ruling.
- Under the federal-court decision, the company must institute
- an antiharassment policy and take down the photos. But it will
- doubtless be a long time before similar displays are removed
- from work sites around the U.S. Technically, the decision
- applies only to Judge Melton's jurisdiction and is unlikely to
- spur a surge of harassment suits elsewhere. Besides, says
- Boston University law professor Kathryn Abrams, "pornography is
- considered in the tradition of good old, all-male fun, so it's
- going to be very hard to change." Hard, but no longer
- impossible.
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- By Susan Tifft. With reporting by Elizabeth Rudulph/New York and
- Paul Van Osdol/Jacksonville.
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