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She v. Her - Assignment Example

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This behavior is considered sexual harassment when it obstructs another employee’s work performance by creating a threatening, unfriendly, or unpleasant work environment. (Black, 1997).The conduct…
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She v. Her
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al Affiliation Same Gender Sexual Harassment Introduction Sexual harassment is unwanted sexual approaches either verbally or physically. This behavior is considered sexual harassment when it obstructs another employee’s work performance by creating a threatening, unfriendly, or unpleasant work environment. (Black, 1997).The conduct doesnt have to be aimed at someone, for it to be unpleasant to them. Some forms of sexual harassment are evident, for example one person making coarse remarks to another, or touching an unsuitable part of another persons body. The essential thing to know is that what is perceived as harassment can differ from person to person. For example, when a gay employee who hits on another employee of the same gender who isn’t gay.
In the video clip, two employees working in the same department, Cara who is gay hits on Alisha who isn’t gay. They are the same gender. This is illegal because Alisha is being forced to work in an offensive, intimidating, hostile, humiliating, and sexually offensive work environment. According to the law, same-sex sexual harassment is forbidden under state law in spite of the sexual orientation of the parties. In this scenario, Cara is hitting on Alisha and its making her comfortable. On one hand, the courts have to conclude that a victim need not say or do a particular thing to indicate unwelcomeness.
But it’s kind of odd or unexpected because it is the same type of behavior that if it was coming from a guy towards Alisha and she is feeling uncomfortable, I consider that as sexual harassment because it is “unwelcoming” for Alisha. Things like Cara putting her arms around Alisha, hugging her, leaning way down and putting her face way too close when they are looking at something on Alisha’s monitor while complementing on her outfit, how it makes her body look can be considered as sexual harassment because of the sexual advancements towards Alisha.
Alisha can’t be blamed for feeling uncomfortable, any sanctions prohibiting Cara to stay away from Alisha can’t be laid down because they work in the same work environment and department and must have contact, this does not justify Cara to harass Alisha sexually out of her free will.
If I brought that issue upon Cara, she can be bent out of shape because she would think I have a problem with her being gay because it will be out of her choice to be gay. Many people if asked to choose between Cara and Alisha’s sexual lifestyle, many would take Alisha’s side and move on. This situation cannot be let go off easily because touching someone in a nonsexual way may be alleged as sexual harassment to the other person. If an employee likes to hugs and touches another employee of the same sex who doesnt want to be hugged or touched, that person should let the other employee know. Although touching and hugging may not be meant as sexual harassment, it can be perceived that way by somebody. It is the perception of the behaviors that determine whether or not it is harassing. For instance, Alisha can tell Cara to stop touching and hugging her, that behavior makes her uncomfortable and needs to stop.
Black, J. (1997) "Same-Sex Harassment. Employment Discrimination. Civil Rights.
Massachusetts Law Review 82 (fall). Read More
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