This argument raises a question that is important just what does context mean, with regards to intimate harassment claims?

This argument raises a question that is important just what does context mean, with regards to intimate harassment claims?

The relevance of context in assessing claims

And also to what extent can “context” offer a justification for what otherwise would clearly be behavior that is harassing?

First, just what gets the Supreme Court stated about “context”? The Supreme Court stated that a court applying Title VII should give “careful consideration of the social context in which particular behavior occurs and is experienced by its target” when determining whether an objectively hostile environment existed in its 1998 decision in Oncale v. Sundowner Offshore Services, Inc.

As an example, Justice Scalia noted in their bulk viewpoint, context is what differentiates an advisor’s slapping a soccer player regarding the behind after a game title, from their doing the thing that is same his assistant right back on the job. Continua a leggere