But what if I am offended at their offense?
I'm offended that you're offended at other people's offense!
Is it sexual harassment...
by keyser soze 129 Replies latest jw friends
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John Doe
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John Doe
According to the LAW...
Got a statute?
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Robdar
I'm offended that you're offended at other people's offense!
Humph! I am offended that you are offended at my offense of other's offense.
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TD
Sexual harassament vis a vis hostile work environment is determined by a three prong test:
1. Unwelcomeness
2. Severity
3. Pervasivness
If the person who is stared at either does not mind, or does not know, the first prong of the test is never met. The second two prongs work in proportion to each other. The more severe the conduct, the less pervasive it need be and the less severe the conduct the more pervasive it need be.
Looking it someone is pretty far down on the list as far as severity goes. --Somewhere way below an unwelcome touch, gesture, lewd remark, etc. So we would be talking about more than a single occurance here to satisfy the second two prongs.
Having said this though, HR departments when writing and enforcing policy, frequently go far beyond what the law requires just to be safe. You can be fired for violating any company policy regardless of whether the person who wrote it knew what the hell they were talking about or not.
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AGuest
Title VII of the Civil Rights Act of1964 (and peace to you, JD). The legal definition of sexual harassment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.”
I should probably have asked what state we're talking about... as some are stricter than others... and I should amend my comment to say it is sexual harassment if it is REPEATED and "unwelcome/unconsented," etc.
The legal definition above is not all-conclusive and the situation posted is not cut-and-dried: it depends on the circumstances and person(s) considered to be "victims" of the act. But, I stand by my comment that, yes, your conduct could certainly be considered sexual harassment.
How to avoid a problem? Get her consent.
Peace!
A slave of Christ,
SA
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John Doe
How to avoid a problem? Get her consent.
You do realize we were talking about looking at a bent over woman from the rear and from a distance, don't you? I would think asking for that consent would be more akin to sexual harassment in itself.
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beksbks
I think basically these classes are to cover the company's butt (no pun intended).
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John Doe
I think basically these classes are to cover the company's butt (no pun intended).
Absolutely. It's called limiting exposure. (no pun intended)
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sooner7nc
I beleive the term "visual" in the civil rights post needs to be defined a little. Some knee-jerks would say that me looking at a womans various lovelys is sexual harassment. I call shenanigans on this. I contend that "visual" means forcing the other party to look at your junk, not the other way around.
