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-   -   News that makes you angry (http://cellar.org/showthread.php?t=23765)

Pico and ME 10-23-2010 01:43 PM

Being asked out repeatedly after rejection and suffering repeated crude behavior and comments (asking about breast size fall into this category) are both viable reasons for claiming sexual harassment when they interfere with the workplace environment and even more so when its done by a superior. I don't know if Anitas case fits that, but the stories going 'round say Thomas did both often. Perhaps knowing the law, he was able to keep his behavior on just this side of reportable, but it still was offensive.

xoxoxoBruce 10-23-2010 02:14 PM

I don't think he kept it, "on just this side of reportable", from what I heard of the testimony. But at the time, blacks were not completely comfortable in their government jobs, and wary of making waves, especially women.
I'm convinced he's an arrogant pig, but I don't think he used unemployment as threat to get laid.

Pico and ME 10-23-2010 02:23 PM

The threat of unemployment isn't the only thing needed to claim harassment.

xoxoxoBruce 10-23-2010 02:27 PM

I know that, but not sure I agree with it. The law is way to all encompassing, in that anyone can say they are annoyed by anything, rational or not.

Pico and ME 10-23-2010 02:38 PM

If it is a severe offense it only has to happen once, but otherwise, stuff like crude jokes, sexual innuendos, and constantly being asked out is something that has been repeated often enough to disrupt the work environment to be considered viable harassment. At least that's what I am reading. A woman should not have to endure that kind of behavior in the workplace, ever really.

xoxoxoBruce 10-23-2010 03:00 PM

Yeah but it depends on who decides between sexual innuendo and a compliment. You know as well as I do there are some people that are wound differently than most, and interpret everything around them as a threat, be it words or the weather. Most cases end up being he said/she said, and at least in large companies, the lawyers recommend siding with she said, to cover their corporate asses. In that case the law becomes a weapon for all kinds of extortion.

classicman 10-23-2010 03:28 PM

Quote:

Originally Posted by Pico and ME (Post 689990)
A woman should not have to endure that kind of behavior in the workplace, ever really.

You mean "No one" - right?

Pico and ME 10-23-2010 03:52 PM

Of course, Classic. But it is mostly women who suffer that kind of abuse in the workplace.

footfootfoot 10-23-2010 04:22 PM

I think it is about a "hostile work environment" and not put out or get fired.

Pico and ME 10-23-2010 04:33 PM

Quote:

Originally Posted by xoxoxoBruce (Post 689994)
Yeah but it depends on who decides between sexual innuendo and a compliment. You know as well as I do there are some people that are wound differently than most, and interpret everything around them as a threat, be it words or the weather. Most cases end up being he said/she said, and at least in large companies, the lawyers recommend siding with she said, to cover their corporate asses. In that case the law becomes a weapon for all kinds of extortion.

I was curious about how many cases were filed that were successful even though the situation was a he says/she says. You cant find those kind of numbers. But what I did find was interesting. Of the cases that got filed with the EEOC in 2009 :

47.5% were No Reasonable Cause
EEOC's determination of no reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation

23.7% were Administrative Closure

Charge closed for administrative reasons, which include:failure to locate charging party, charging party failed to respond to EEOC communications, charging party refused to accept full relief, closed due to the outcome of related litigation which establishes a precedent that makes further processing of the charge futile, charging party requests withdrawal of a charge without receiving benefits or having resolved the issue, no statutory jurisdiction

11.6% were Settlements
Charges settled with benefits to the charging party as warranted by evidence of record. In such cases, EEOC and/or a FEPA is a party to the settlement agreement between the charging party and the respondent (an employer, union, or other entity covered by EEOC-enforced statutes).

10.8% were Withdrawals w/Benefits
Charge is withdrawn by charging party upon receipt of desired benefits. The withdrawal may take place after a settlement or after the respondent grants the appropriate benefit to the charging party.

6.3% were Reasonable Cause
EEOC's determination of reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation. Reasonable cause determinations are generally followed by efforts to conciliate the discriminatory issues which gave rise to the initial charge. NOTE: Some reasonable cause findings are resolved through negotiated settlements, withdrawals with benefits, and other types of resolutions, which are not characterized as either successful or unsuccessful conciliations.

These numbers just don't show to me that frivolous sexual harassment charges are successful.

classicman 10-23-2010 07:13 PM

Perhaps, But it says that virtually 1/2 were dismissed for "No Reasonable Cause"
Is it reasonable to extrapolate that 1/2 the charges are bullshit?

Pico and ME 10-23-2010 07:37 PM

No. Just that there isn't sufficient evidence. Evidence for this sort of charge is not easy to come by. That's not to say that there aren't bullshit charges, just not the amount men like to believe. I do believe, though, that there are scores of women who don't report at all. What's really sad is what happens to women who do...its never pretty. Most don't get the money your hear about from high profile cases.

For those men who have daughters, try to consider what it would be like to know she was dealing with something like this.

classicman 10-23-2010 07:39 PM

..or doesn't exist.

Pico and ME 10-23-2010 07:48 PM

Sorry Classic, I added to my post before I saw your reply.

morethanpretty 10-23-2010 08:53 PM

I got written up for sexual harassment once...


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