Sandra De Leon

Legal Environment in Business MGT3340XB Zapalski

Week 11 Assignment
According to the video, Isiah Thomas put his arm around the victim, tried to kiss her on the cheek, called
her sexually charged names, and made her feel uncomfortable on the job. Discuss how a court should
determine what constitutes sexual harassment and what does not. Should culture play any part in that
determination? Why or why not?
In my opinion there is no one thing or factor that can be used to determine sexual harassment. The
courts may look at the following but it must also look at the circumstances of the case to make a final
determination.
1. Were there any unwelcomed sexual advances, request for sexual favors or other verbal or
physical contact of a sexual nature?
2. Did they form a requirement for employment
3. Did it create an intimidating or hostile environment for the employee
Direct or indirect threats or bribes for sexual activity, sexual innuendos and comments, sexually
suggestive jokes, unwelcome touching or brushing against a person, pervasive displays of materials with
sexually illicit or graphic content, and attempted or actual sexual assault are just some of the examples
of sexual harassment. (Know Your Rights: Workplace Sexual Harassment).
Having been questioned as a witness in a sexual harassment case, I can say that culture should not play
a part in the determination of sexual harassment but it does. For example, in the Caribbean (where Im
from) it is normal to make physical contact when speaking to anyone, male or female. It is also normal
for the men and women to tell each other how they look in certain pieces of clothing; it is considered
bantering but can also be mistaken for sexual innuendoes. Do individuals take it to another level and it
begins to get uncomfortable? Yes. But in that case you will usually tell to other person to stop and they
will. I say all this to state that maybe everyones view of what is or is not sexual harassment may be
clouded by their upbringing and culture.
However the laws are clear, and all staff should be made aware of what acceptable behavior is and what
is not, additionally no one should be subjected to behavior (verbal, written, physical, etc.) that makes
them feel threatened or afraid.

http://www.strategichr.com/shrsweb2/harassment_01.shtml
AAUW. Know your Rights: Workplace Sexual Harassment. Retrieved on March 25, 2014 from
http://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/workplace-sexual-
harassment/