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defendant-employer--of proving welcomeness or unwelcomeness when the
perspectives of the unwelcomeness inquiry in order to arrive at a
In other words, while lack of consent is one sign of unwelcomeness, it is not necessary for unwelcomeness.
I have chosen the excerpts from Carr appearing in Appendix A to include Posner's comments about unwelcomeness, particularly his declaration that "welcome sexual harassment" is an oxymoron.
The only exceptionable entry, in this catalog is the question about unwelcomeness.
Although the Court did not state that evidence of the sexual harassment target's provocative dress was always admissible, this decision provided a basis for employers to discover and request admission of such evidence in sexual harassment cases, especially on the issue of 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.
30) Oshige claims this assumption led to the development of the unwelcomeness and pervasiveness tests and thereby created a standard that is unjustifiably higher than the standard used in other Title VII discrimination claims.
Raising the issue of women's consent to sexual advances or the "voluntariness" of their behavior under conditions of unequal power relations suggests that women themselves, by appearing to "consent," recognize their own unwelcomeness to which they must "consent" if they are to stay, that is, to demonstrate acceptance of their subordinacy and thereby legitimize the "rightness" of sexual asymmetry.
88) In order to prevail in a sexual harassment lawsuit, the plaintiff has the burden of proving the unwelcomeness element of her harassment claim.
This objective burden test imposed by the court is closely analogous to the objective element of the unwelcomeness requirement in sexual harassment law.
If courts were to accept evidence that women changed the subject, left the room, or avoided the harasser as demonstrating the unwelcomeness of the conduct, this would highlight the strategies women most frequently use to respond to harassment; moreover, it would be unlikely to impede recovery because empirical evidence indicates such responses are comparatively widespread.