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An Interesting Dilemma; What Would You Do?
Topic Started: May 9 2006, 02:41 PM (613 Views)
QuirtEvans
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I Owe It All To John D'Oh
sue
May 9 2006, 11:37 PM
QuirtEvans
May 9 2006, 06:51 PM
Quote:
 
She is being offended by a picture on his desk. That is not harassment.


Unfortunately, Sam, your general point isn't correct.

A picture can be harassment. If it's a picture of a naked Playboy bunny, it could create a hostile atmosphere, and that is sexual harassment, under the law. If it's a picture of two people fornicating, that could create a hostile atmosphere, and rise to the level of sexual harassment, under the law.

But an innocent picture of two men? Not a hostile atmosphere to the reasonable person. And that is the test. Not whether the particular person in question was offended, but whether a reasonable person would be offended. In many cases, they narrow that to whether a reasonable woman would be offended. But it's never whether the person in question was offended, because she might just be outside the range of normal.

:banghead: Seriously? A picture can be considered a harassment? How simple minded and petty are we? Honest to god (pls excuse the expression), but I am absolutely, completey disgusted, and revolted at the idea that we, anyone, spends money and time on a case like this. It's pathetic.

Get over it. It's a friggin' picture, don't look at it if it gives you the willies. Then go outside, see the real world, and find a real problem.

Serously, Sue.

Just imagine a woman working in an environment where all the walls are plastered with calendars of nude women. I've expanded it from one picture to many, but the principle remains the same ... it creates a hostile environment.
It would be unwise to underestimate what large groups of ill-informed people acting together can achieve. -- John D'Oh, January 14, 2010.
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Mark
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HOLY CARP!!!
P.O.O.P.

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o 0
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
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Matt G.
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Middle Aged Carp
Maybe he can countersue that she's creating a hostile work environment for him by complaining about a picture, thus depriving him free expression of his sexuality. Or punch her, one of the two....
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Mikhailoh
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If you want trouble, find yourself a redhead
Even if the picture were of the two kissing, I don't see how that necessarily implies sexuality. As long as no tongue action is visible.

I have pics of me kissing other women. It is a sign of affection as well as sexual expression.

This woman would make a fine speed bump, and be making more of a contribution to her community that way.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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sue
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HOLY CARP!!!
QuirtEvans
May 9 2006, 10:59 PM
sue
May 9 2006, 11:37 PM
QuirtEvans
May 9 2006, 06:51 PM
Quote:
 
She is being offended by a picture on his desk. That is not harassment.


Unfortunately, Sam, your general point isn't correct.

A picture can be harassment. If it's a picture of a naked Playboy bunny, it could create a hostile atmosphere, and that is sexual harassment, under the law. If it's a picture of two people fornicating, that could create a hostile atmosphere, and rise to the level of sexual harassment, under the law.

But an innocent picture of two men? Not a hostile atmosphere to the reasonable person. And that is the test. Not whether the particular person in question was offended, but whether a reasonable person would be offended. In many cases, they narrow that to whether a reasonable woman would be offended. But it's never whether the person in question was offended, because she might just be outside the range of normal.

:banghead: Seriously? A picture can be considered a harassment? How simple minded and petty are we? Honest to god (pls excuse the expression), but I am absolutely, completey disgusted, and revolted at the idea that we, anyone, spends money and time on a case like this. It's pathetic.

Get over it. It's a friggin' picture, don't look at it if it gives you the willies. Then go outside, see the real world, and find a real problem.

Serously, Sue.

Just imagine a woman working in an environment where all the walls are plastered with calendars of nude women. I've expanded it from one picture to many, but the principle remains the same ... it creates a hostile environment.

I suspect taking a co-worker to court would create a far more 'hostile environment ' than any picture ever could.
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Aqua Letifer
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ZOOOOOM!
Quote:
 
I suspect taking a co-worker to court would create a far more 'hostile environment ' than any picture ever could.


:biggrin: :thumb:

No doubt. Hopefully for her, though.
I cite irreconcilable differences.
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QuirtEvans
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I Owe It All To John D'Oh
Quote:
 
I suspect taking a co-worker to court would create a far more 'hostile environment ' than any picture ever could.


By the time someone initiates a lawsuit, they don't really plan to work there any more. They just want money. 95% of the time they are already gone, either voluntarily or "administrative leave", and have no intention of returning.

I'm pulling this statistic out of thin air, I'll admit, but it's based on painful experience with many cases.
It would be unwise to underestimate what large groups of ill-informed people acting together can achieve. -- John D'Oh, January 14, 2010.
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