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- Path: sparky!uunet!haven.umd.edu!mimsy!nsisrv!nuntius
- From: abepd@stdvax.gsfc.nasa.gov (Spankin' Ed Davis)
- Newsgroups: alt.supermodels
- Subject: Sexual Harassment and the Law
- Message-ID: <1992Nov19.212959.6701@nsisrv.gsfc.nasa.gov>
- Date: 19 Nov 92 21:29:59 GMT
- Sender: usenet@nsisrv.gsfc.nasa.gov (Usenet)
- Organization: nasa
- Lines: 84
- Nntp-Posting-Host: talkinghorse.gsfc.nasa.gov
- X-Useragent: Nuntius v1.1b3
-
- There is an awful lot of sexual harassment discussion going on in this
- group, but I haven't seen any mention of the actual law in the
- discussions. Recently, all employees here were required to attend
- seminars on sexual harassment at which we were supplied with copies of
- the written law. The following are excerpts from [Title VII.
- Pub.L.88-352.78 Stat. 253(42 U.S.C 2000e et seq)] (***note: these seem to
- apply to the ongoing discussions***.)
-
- PART 1604-GUIDELINES ON DISCRIMINATION BECAUSE OF SEX
-
- 1604.11 Sexual Harassment.
- (a) Harassment on the basis of sex is a violation of Sec.703 of Title
- VII. unwelcome sexual advances, requests for sexual favors, and other
- verbal or physical conduct of a sexual nature constitute sexual
- harassment when (1)...stuff deleted
- (2)...stuff deleted or,(3)such conduct has the purpose of effect of
- unreasonably interfering with an individual's work performance or
- creating an intimidating, hostile, or offensive working environment.
-
- (foul languaged email/posts could easily apply to the end of section (a)).
-
- (b) Determining whether alleged conduct constitutes sexual harassment
- shall be done on a case-by-case basis.
-
- (c) The employer is responsible for its acts and those of its agents and
- supervisory employees with respect to sexual harassment regardless of
- whether the specific acts complained of were authorized of even forbidden
- by the employer and regardless of whether the employer knew or should
- have known of their occurrence.
-
- (so if you get your net privs yanked because of being a harasser, your
- bosses/administrators are just doing themselves a favor.)
-
- (d) With respect to conduct between fellow employees, an employer is
- responsible for acts of sexual harassment in the work place where the
- employer (or its agents or supervisory employees) knows or should have
- known of the conduct, unless it can show it took immediate and
- appropriate corrective action.
-
- (who's to say what supervisors should have known? if the jury sees it
- that way, oh well)
-
- (e) An employer may also be responsible for the acts of non-employees,
- with respect to sexual harassment of employees in the workplace, where
- the employer knows or should have know of the conduct and fails to take
- immediate and appropriate corrective action. In reviewing these cases
- the EEOC will consider the extent of the employer's control and any other
- legal responsibility which the employer may have with respect to the
- conduct of such non-employees.
-
- (sounds like you don't even have to work in the same place to be a
- harasser, like sending crude email/posts out to net-land or specific
- net-users.)
-
- Here are a few other quick facts about sexual harassment.
-
- The victim as well as the harasser may be a woman or a man. The victim
- does not have to be of the opposite sex.
-
- The harasser can be the victim's supervisor, an agent of the employer, a
- supervisor in another area, a co-worker, or a non-employee.
-
- The victim does not have to be the person harassed but could be anyone
- affected by the offensive conduct. Also known as
- third-party-complainants. (any other net reader who was offended by
- allegedly crude posts)
-
- Unlawful sexual harassment may occur without economic injury to the
- victim.
-
- The harasser's conduct must be unwelcome. (which Jennifer! has made clear
- in this case.)
-
- Anyway that is the law of the land (at least in the USA). It would seem
- to this lurker that perhaps the twits who send such foul email can be
- held accountable for their sexual harassment so they had better watch
- their steps. It has been shown by another post that these harassers are
- not so disguised as they may think.
-
- NOW CAN WE PLEASE GET BACK TO POSTING SUPERMODEL GIFS?
-
-
- email: abepd@stdvax.gsfc.nasa.gov
- <Goddard Space Flight Center>
-