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Related to welcomeness: follow suit, take notice of, Pertaining to
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Thus, the siting of a facility is of critical importance and is a decision that will impact a facility's welcomeness from its inception.
57, 68 (1986) (acknowledging that the "welcomeness" standard under sexual harassment law "presents difficult problems of proof and turns largely on credibility determinations committed to the trier of fact").
(1) And when welcomeness is asserted as an affirmative defense, the plaintiff's counsel can be in the uncomfortable position of having to defend a client's sexual banter or other suggestive behavior.
actual participation in sexual intercourse was voluntary." (164) Thus, the Court went on to hold, "the fact that sex-related conduct was 'voluntary,' in the sense that the complainant was not forced to participate against her will, is not a defense to a sexual harassment suit brought under Title VII." (165) In saying so, Meritor opened, but left unsettled, whether the State could, as a general matter, replace "'voluntariness' in the sense of consent" (166) with a welcomeness (167) standard as the crease between legally actionable sexual violence and sex, including as a matter of criminal law.
One defense-oriented commentator has argued that sexual harassment plaintiffs with a history of sexual abuse are, by definition, questionable with regard to issues of credibility, damages, and the welcomeness of the behavior.
We try to extend the same sense of welcomeness, warmth and support to all our staff members, our students' parents and the many members of our community who volunteer at our school."
Wood (Note), "Inviting Sexual Harassment": The Absurdity of the Welcomeness Requirement in Sexual Harassment Law.
Food, in this film and elsewhere, serves to remind the hero of his "place" or his "welcomeness" in a given social situation.
Perhaps the most aggreious example of the use of this "welcomeness" doctrine was in Reed v.
First, the Court addressed whether a claim solely alleging a "hostile environment" is actionable under Title VII and whether a claimant is required to prove a loss of an economic or tangible job benefit to have a cause of action for such violation.(43) Second, it tackled whether a court may properly inquire into the voluntariness of a claimant's participation in the claimed sexual episodes and to what extent the court may inquire into the welcomeness of sexual advances.(44) Third, the Court inquired under what circumstances the employer may be strictly liable for the acts of its agents and supervisors and how may the employer insulate or defend itself from such liability.(45)
"Welcomeness" implies an affirmative act by an individual demonstrating a receptiveness to and desire for the conduct in question.