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This argument raises a essential concern: exactly what does context suggest, regarding intimate harassment claims?

Samstag, Mai 9th, 2020

This argument raises a essential concern: exactly what does context suggest, regarding intimate harassment claims?

The relevance of context in assessing claims

Also to what extent can „context“ provide a justification for just what otherwise would clearly be behavior that is harassing?

First, exactly just exactly what gets the Supreme Court stated about „context“? In its 1998 choice in Oncale v. Sundowner Offshore Services, Inc., the Supreme Court reported that the court using Title VII should provide „consideration for the social context for which particular behavior happens and it is skilled by its target“ when determining whether an objectively aggressive environment existed.

For instance, Justice Scalia noted inside the bulk viewpoint, context is exactly what differentiates a advisor’s slapping a soccer player in the behind after a game title, from their doing the same task to his assistant right straight back on the job. (mehr …)