FlyerTalk Forums - View Single Post - Treated Poorly -- what should i do
View Single Post
Old Mar 27, 2008 | 12:23 pm
  #25  
TrojanHorse
A FlyerTalk Posting Legend
 
Join Date: Dec 2000
Location: Potomac Falls, VA
Programs: AA Plat 2MM, MR Gold, Avis Pref
Posts: 41,109
Originally Posted by indyscott
I think you need to google the standards for what constitutes sexual harassment and drop this issue quickly and quietly.

What you are freely admitting to on a public forum is a textbook example of harassment (repeated requests for dates after being told no resulting in interference with an individual's work performance).

It may seem like simple "flirting" and "no big deal" to you, but I think if you do a little research you'll find that you have definitely crossed the lines of the legal definition of harassment.

The manager is required by law to investigate/address the issue. It sounds like he is letting it drop since you are not planning to come back to the hotel.

Chalk this one up to experience and find a different hotel to stay in the next time you are in town.
interesting you brought it up:

I have no idea how accurate this is but it sounds good

the arguement to me and I'm not a lawyer would be did they (girls) contribute to this by their reported actions?

http://www.titleix.ucr.edu/topic_2_1.htm

The following are some examples of behavior(s), if unwelcome, that may constitute sexual harassment depending on the severity and pervasiveness of the conduct:

unwelcome sexual remarks, jokes, or taunting
displaying of graphic descriptions of pornography
repeated requests for dates
demands or requests for sexual favors
unnecessary touching, grabbing, patting, pinching,
leering, staring or suggestive gestures
obscene phone calls
unwanted e-mails or letters
public humiliation
bashing due to sexual orientation
forcing a kiss
sexual assault (forced or non consensual sexual intercourse, including penetration with a foreign object)

What to Do If You Are Accused of Sexual Harassment

If you are told that your behavior is inappropriate and/or offensive, you must immediately stop the behavior. People perceive certain behaviors, jokes, and gestures, along with other things differently. What may be acceptable to you may be extremely offensive to someone else. Some times due to the difference in culture or morals you may not think your comment(s) or behavior are offensive. Nevertheless, you should try to understand the other person’s feelings and concerns and respect his or her request to stop the sexual harassment.

While it can be distressing to have a complaint made against you, if you are accused of sexual harassment you have the right to:

Be informed of the allegations filed against you, and provided with the opportunity to respond to specifics surrounding the allegations
Be accompanied by a support person, such as friend or campus resource administrator
Seek private legal counsel
Have the outcome of the investigation fully explained
In the event that the complaint is to be dismissed, receive notification of that recommendation
In the event a complainant is found to have been dishonest or to have intentionally made false allegations against the accused, the complainant shall be subject to disciplinary action up to and including, if deemed appropriate, termination or expulsion
The consequences to a person if sufficient evidence of a violation of the policy is found regarding sexual harassment can include:

Letter of warning
Disciplinary probation
Denial of promotion
Demotion
Suspension
Termination

Intent vs. Impact

Sexual harassment has been evaluated by whether a “reasonable person” would consider the inappropriate conduct offensive under federal law, Title VII of the 1964 Civil Rights Act . However, in 1991, the 9th Circuit Court of Appeals decision in Ellison v. Brady, concluded that the harassing conduct must be evaluated from the perspective of the victim. This means that the inappropriate conduct must be evaluated from the victim’s perception. The victim determines whether the conduct is sufficiently severe and/or pervasive as to create a hostile environment. The intent of the harasser has no factor in the matter.

Because of Ellison v. Brady the standard brought the federal law closer to state law’s interpretation of what is a hostile work environment. Under the California Fair Employment and Housing Act, the environment is evaluated from the victim’s perspective. In this case the court acknowledges that a man or woman may suffer work environment sexual harassment even where his/her co-workers, or a “reasonable person,” would not be offended by the offensive conduct.

The Title IX/Sexual Harassment Office is aware that sexual harassment complaints may be substantiated, in part, by the victim’s perception. To determine whether or not there has been a violation of Title IX, will be determined by whether the conduct is of a sexual nature and the victim is credible, and the victim’s perception of the environment will be given great weight to the complaint.

In case of nonphysical harassment conduct may be one or a combination of:

Unwelcome attention -- The person to whom the conduct is directed toward must not invite, condone, reciprocate or participate in the conduct.

Severe and pervasive behavior -- One incident does not usually constitute sexual harassment unless the conduct is severe, such as sexual assault or other physical touching. The less severe usually is repetitive or a pattern of inappropriate conduct.

Unreasonably interfering with academic/work performance and/or creates a hostile environment.
TrojanHorse is offline