unwelcome

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The only exceptionable entry, in this catalog is the question about unwelcomeness.
There are some cases in which target dress evidence is admitted, but often it does not carry great weight on the unwelcomeness issue for the defendant.
41) Given the debate over the relevance of target dress to the unwelcomeness prong of a sexual harassment claim, as well as the balancing approach adopted in Rule 412(b), one would expect that defendants would at least attempt to use such evidence to prove that the harassment was not unwelcome.
There are some cases in which the evidence is admitted, but often it does not carry the day on the unwelcomeness issue for the defendant.
69) Curiously, however, the court did not discuss the evidence in terms of unwelcomeness, arguing instead that it was relevant to "evaluating whether Metro [the defendant] responded reasonably to her complaint and whether Metro should have discovered the alleged harassment and responded earlier.
This leads to a possible explanation as to why defendants are not using target dress to prove unwelcomeness.
Furthermore, a reconceptualization of harassment as gender norm-based could have the effect of abolishing or modifying the unwelcomeness requirement.
Estrich cites the proof of unwelcomeness requirement for a sexual harassment claim as an example of making "women responsible for their own torment.
Schultz argues that the unwelcomeness requirement serves this purpose by determining which women are worthy of protection and which women are "too bawdy, too worldly, too old, or too strong to be perceived as in need of sexual protection.
We see this both in terms of its discomfort with the subjectivity of a hostile environment as well as its view of subject-object relations, including the majority opinion's requirement of severe/pervasive harassment, its acceptance of limits on a supervisor's agency, and its use of speech and dress to determine unwelcomeness.
It admits unwelcomeness, excluding the voluntary except insofar as speech and dress can be said to constitute welcomeness.
The prima facie case already having been made, unwelcomeness is assumed and the perspective is automatically that of the victim.