We grow up being told that a part of adult life
to "deal" with it. Yet, we have legislative
systems passing laws that prevent us from having
Today, no one has to "deal" with smoke on airplanes.
one has to "deal" with workplace, sexual harassment.
concept of "if you can't stand the heat get
out of the
kitchen" does not meet jurispudential preference
which is to
remove the heat. Though relatively new, the
of sexual harassment are already expanding.
Nudity is not a critical success factor in reporting
It is not even a factor. Therefore, it is alien
workplace (or soon will be determined to be
if the courts
maintain their current course bearing.) Any
league, team, or
media that further tolerates nudity in locker
is standing in harm's way. Birthday suits will
lawsuits, for there are far too many individual
involved for the leagues and managements of
the teams and
media to sooth or control.
It was not too long ago that the classic test
harassment between and among adults was the
consent. Basically, one "no," expressed or implied
or gesture, established the discontent. However,
interpretation and extrapolation of laws regarding
harassment are rushing toward further protection.
even in the absence of "no," any provocative
word, gesture, or action which affronts is considered
harassment under current thinking. The sexual
covers like and opposite genders of employees
to the company of the employee.
Moreover, sexual harassment need not be reported
person who is being victimized. A co-worker
upon seeing the
harassment of a peer can report and file the
management, once aware of a sexual harassment,
involved and must take action to stop the offending
Successful sexual harassment suits have led
to the punishment
of both the company and the offending people.
Scenario #1: Employee complains to management
harassment by visitor. Management is involved
investigate immediately. If management determines
harassment to be real, it must stop the offensive
or become liable. (This scenario similar to
waitress who is harassed by a patron. Management
protect the waitress from the patron by stopping
activity or removing the patron.) Scenario #2:
complains to his/her management of sexual harassment
visiting a client. Management is involved and
the client's management of problem who becomes
must stop the offending behavior of its employee.
has not found a test case, yet).
Harassment on the basis of sex is a violation
of Section 703
of Title VII of the 1964 Civil Rights Act VII.
Unwelcomed sexual advances, requests for sexual
other verbal or physical conduct of a sexual
constitute sexual harassment when:
1. Submission to such conduct is made, explicitly
implicitly, a condition of an individual's
2. Submission to or rejection of such conduct
individual is used as the basis for employment
decisions affecting such individual.
3. Such conduct has the purpose or effect of
unreasonably interfering with an individual's
performance or creating intimidating, hostile,
offensive working environment.
The ramifications of broadening interpretations
of the above
clauses, especially No. 3 are great. Today,
the problem of
having an unprotected locker room with mixed
genders in a
work environment is that the risk is greater
than the reward.
One could view that such an environment, per
se, creates an
intimidating, or hostile, or offensive work
Considering the public comments of parties to
rooms, one finds it difficult to conclude otherwise.
Therefore, a few of the questions that need
to be answered by
the various managements are...
If some of the female reporters and male athletes
themselves for the locker room interviews, are
victims of sexual harassment by the system(s)
perpetuates the discomfort?
Have the concepts set forth in the Ludtke case
Why must Coach Sam Wyche provide his own privacy
his team, the Cincinnatti Bengals? And why is
attention drawn to his curtains?
Is time a privacy shield?
If time is a privacy shield, is 15 minutes adequate
take off tape, shower and minister your wounds?