'you're only here because of your sex'
is not sexual harassment as defined under Title VII case law. It is not even sexual discrimination in violation of Title VII, although if there was adverse employment action, like not being retained or promoted, than it woukd be direct evidence of sexual discrimination.
Sex discrimination is the suffering of adverse employment action because of sex. Rude comments not accompanied by adverse employment action do not amount to unlawful discrimination.
Sexual harassment is a very special species of sex discrimination, involvement unwelcome physical and verbal attention that is severe and/or extended or repeated, of a sort that interferes with a reasonable person's job performance and makes life hellish -- ordinary boorishness doies not qualify. A single pass, even if univited, does not qualify. Some cases say that a single unwanted physical contact does not qualify.
If the sexual attententions are unwanted, severe and perversave, the victim may sue even ifs he did not suffer further or other adverse employment action. That is called the hostile work environment theory. Conditioning workplace advancement on sexual favors is the quid pro quo theory and is actionable even if a woman who submits is promoted because she submitted. The S.Ct has sort of blurred the line between these two theories lately.
Just to be clear on the law.
Joanna's further facts, that she was "approached, fondled by,
> and slobbered over by the most senior prof in my
> dept."
might qualify as sexual harassment, especially the fondling, if it was repeated or severe.
jks
--- joanna bujes <jbujes at covad.net> wrote:
> "Both Doug and Joanna cite comments of the kind
> 'you're only here because of your sex' at
> universities as evidence of sexual harrassment."
>
> It is sexual harrassment. It is the assertion that
> you do not deserve your appointment, that it was
> made solely because of your sex.
>
> I ommitted details of other experiences: I was hired
> to replace a professor who was fired because he had
> his female students pose for nude photographs. One
> of them complained. I was approached, fondled by,
> and slobbered over by the most senior prof in my
> dept. No, I didn't complain, I just avoided him.
>
> Joanna
>
>
> ___________________________________
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