Tuesday, September 14, 2010

Harassment and Revealing Attire

Here is an analysis of the story of the female reporter at the New York Jets practice from employment attorney John Phillips. An excerpt:

Inappropriate conduct constitutes sex harassment only if it’s “unwelcome.” Since the early days of sex harassment cases, there’s been the question of whether revealing attire can provoke harassment to the point of making it “welcome.”

In an exhaustive article written by law professor Theresa M. Beiner, this question is considered. (Here and here.) Surprisingly, Professor Beiner’s research shows that few employers have used dress as a defense. Rather, dress is usually made an issue by the female.

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