BrainMaster500 asked this question on 4/21/2000:

What does sexual harassment really mean and how do we know when open flirting becomes sexual harassment? Answers please. I have one so tell me yours!

cbyrnes_esq gave this response on 4/22/2000:

This is a major issue of the day. I am an attorney, and this a large part of my practice. I therefore tend to think of it in terms of how the courts define it. I can't give you legal advice, but I can answer based on some general principles. Be aware, however, that even the courts don't agree on this very difficult question!

Until recently, sexual harassment was defined by the so-called objective "reasonable person" standard. That is, the court asked whether a "reasonable person" in the position of the harassed individual would find the conduct objectionable. That may have changed in an opinion by Justice Sandra Day O'Connor. She seemed to imply that the harassed individual's subjective perceptions were important. That is, she seemed to say that if an individual feels harassed, that tends to show she in fact was.

As I'm sure you are aware, there are many different types of sexual harassment: the traditional quid pro quo, hostile work environment, disparate treatment, and disparate impact. I won't get into each of these, because I don't think that's the thrust of your question. If you would like more technical info, let me know, and I'll try to help!

Thanks for giving me the opportunity to respond to your question!

The average rating for this answer is 4.6.

BrainMaster500 rated this answer a 5.

Thanx for the answer!