[lbo-talk] sexual harrassment

Stephen E Philion philion at hawaii.edu
Sun Feb 22 17:46:27 PST 2004


Actually that kind of assertion--"you don't belong here"--falls squarely within the legal definition for sexual harassment that is the law of the land under Title VII of the Civil Rights Act of 1964 and other laws, if it is part of an overall atmosphere of hostility to women, and if "such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." 29 CFR 1604.11(a).

--however, wasn't the original remark commented on 'you're only here because of affirmative action?'and unrelated to gender? 1) and 2) wouldn't context matter in terms of how the comment was made, intent, and 3) wouldn't it also matter if the comment was made repeatedly as part of an overall pattern of harrassment?.... in other words, it's hardly a cut and dry issue in most cases, though you'd hardly know it from some of the discussion here.

steve



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