Sex at Work: Attraction, Orientation, Harassment, Flirtation and Discrimination

Front Cover
Silver Lake Publishing, 2001 - Art - 342 pages
"In this book, author Mari Florence deals with dozens of complex legal and social issues in an informed, logical way. She breaks through the politics, rhetoric and power games of sex in the workplace, countering with a common-sense approach to handling human nature." "The book is organized in two parts. In the first, it considers "sex" topics: harassment, orientation, discrimination and other issues. In the second, it deals with "work" topics: company policies, fringe benefits and other issues that can be shaped by an employee's sex life or gender." "This book offer valuable tools for anyone who's serious about making a workplace that prevents sex-related problems without stifling identity or expression."--Jacket

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Contents

People Politics Policies and Sex
1
Discrimination
11
Harassment
49
Orientation
93
Privacy
135
Work
177
Workplace Etiquette
179
Benefits Rights and Responsibilities
213
What Is Company Policy and Why Do We Need It?
251
The Subtle Stuff
297
Act Like an Adult Not an Adulterer
329
Index
335
Copyright

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Page 71 - ... submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Page 318 - However, the 1967 law provides a key exception if age is a "bona fide occupational requirement": It shall not be unlawful for an employer, employment agency or labor organization to: (1) take any action otherwise prohibited . . . where age is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age...
Page 233 - The refusal to hire a woman because of her sex, based on assumptions of the comparative employment characteristics of women in general. For example, the assumption that the turnover rate among women is higher than among men. (II) The refusal to hire an individual based on stereotyped characterizations of the sexes.
Page 319 - It shall not be unlawful for an employer, employment agency, or labor organization — (1) to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business...
Page 320 - The principle of nondiscrimination requires that individuals be considered on the basis of individual capacities and not on the basis of any characteristics generally attributed to the group.
Page 142 - Property interests, of course, are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.
Page 319 - The existence of such conflicting family obligations, if demonstrably more relevant to job performance for a woman than for a man, could arguably be a basis for distinction under § 703 (e) of the Act.
Page 144 - To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it.
Page 1 - The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed. Common sense, and an appropriate sensitivity to social context, will enable courts and juries to distinguish between simple teasing or roughhousing among members of the same sex, and conduct which a reasonable person in the plaintiff's position would find severely...

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