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21 Stetson L. Rev. 655 (1991-1992)
Expanding the Law of Sexual Harassment to Include Workplace Pornography: Robinson v. Jacksonville Shipyards, Inc.

handle is hein.journals/stet21 and id is 665 raw text is: EXPANDING THE LAW OF SEXUAL HARASSMENT TO INCLUDE WORKPLACE PORNOGRAPHY: ROBINSON v. JACKSONVILLE SHIPYARDS, INC. Power can be seen as power with rather than power over, and it can be used for competence and co-operation, rather than dominance and control. Anne L. Barstow Once, power was considered a masculine attribute. In fact, power has no sex. Katherine Graham Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp. 1486 (M.D. Fla. 1991). Lois Robinson filed a claim in 1986 under Title VII of the Civil Rights Act of 1964.1 She sought both injunctive relief and equitable backpay stemming from the days she missed due to the emotional distress generated by the allegedly hostile environment.2 Robinson 1. Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employ- ment, because of such individual's race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a)(1) (1982). Robinson also sought relief under Executive Order No. 11,246 and as a third party beneficiary to the contracts that the defendant held with the U.S. Navy. Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp. 1486, 1532 (M.D. Fla. 1991). The Executive Order stated that no federal government contractor may discriminate against employees because of gender. Exec. Order No. 11,246, 3 C.F.R. 339 (Supp. 1964-1965), reprinted as amended in 42 U.S.C. § 2000e app. 398-99 (1988). The court rejected these theories of liability, citing binding precedent which held that no private cause of action is available under Executive Order Num- ber 11,246. Robinson, 760 F. Supp. at 1532. Since the third party beneficiary theory derived from the private cause of action, the court ruled that it was also invalid. Id. 2. See Robinson v. Jacksonville Shipyards, Inc., 118 F.R.D. 525, 526 (M.D. Fla. 1988). Robinson's complaint originally included a tort claim of intentional infliction of emotional dis- tress. In a subsequent amendment, however, she limited her claim to Title VII. Id. The court thus ruled that Robinson did not place her mental condition in controversy by alleging psycho- logical injury and denied the defendant's motion to compel a mental examination pursuant to FED. R. Civ. P. 35(a). Id. at 531. Before Robinson amended her complaint, Jacksonville Shipyards filed a motion to dismiss the tort claim, arguing (1) that the federal court could not exercise pendant jurisdiction over a state tort claim in a Title VII suit, (2) that sexual harassment does not rise to the level of outrageous conduct necessary to state a cause of action in tort, (3) that Florida's Workers' Compensation law was her exclusive remedy, and (4) alternatively, employees who allegedly inflicted emotional distress upon Robinson were not acting within the scope of their employ- ment. Motion to Dismiss Count II of the Amended Complaint, Renewed Request for Oral Argu-

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