[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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