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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: i-node who wrote (137791)	6/26/2001 11:07:25 AM
From: TimF	Respond to of 1585099

I'm not sure how I feel about sexual harrassment (i.e., whether it should be a civil wrong). Things from rape to a leer or off color comment can be called sexual harassment. Rape is and obviously should be a criminal offense and also can result in a lawsuit. Demands like "have sex with me or I'll fire you" probably should have some sort of penalty. In the most abstract theoretical I think that the penalty should only be that people don't want to deal with you if you are such a bastard, but in the practical real world situations its probably better that there is more then just that to deter someone from such actions. If the harassment amounts to some form of assault (unwanted touching, frequent verbal abuse after the abused person has asked the abuser to stop and/or reported the abuse to the company. Then it might make sense to have some sort of penalty but the abuse should either have to be frequent or be physical and relatively severe. A couple of comments along the lines of "you are so hot", or lightly touching the other persons shoulder or arm once would not be severe enough IMO; but unwanted groping in the elevator, or constantly following you around verbally abusing and harassing you, then it is appropriate that there be some sort of penalty which can even include a criminal penalty for the perpetrator but of course you have to prove the abuse happened. Lesser forms of sexual harassment should not IMO normally result in any criminal or civil penalty. I suppose a civil penalty would make sense if the actions violated an employment contract or union agreement. Having consensual sex with a subordinate should not amount to sexual harassment. However I can see how it can create problems in the workplace. Other subordinates might think that any positive action (raise, promotion, whatever) is the result of the affair rather then work performance. Also if the couple breaks up then it can create a hostile workplace situation. I see reason for the company to get involved here to protect itself but I don't think this should normally be a legal issue. Tim