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How do you know that people are taking it as a joke/not being affected by it. When they are. Just because they out a face on doesn't mean that you can see if its effecting them.

-Hunter

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When there is two different sides to the story how/who determines which story is accurate?

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How do you determine when someone is being honest and when someone is lying

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Brooke Reid in response to Sydney Oakman's Response of Brooke Reid's Response to Sydney Oakman's Response

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Brooke Reid in response to Sydney Oakman's Response of Brooke Reid's Response to Sydney Oakman's Response

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So i'm not saying that you must take the misunderstanding into consideration, but you must take what was accused of the person into consideration when drafting the legislation. If someone said that a comment on what they were wearing made them uncomfortable, than a comment of that nature should not be legal.
One may counter this argument with, "You can't accommodate for one percent of the workplace, when it is only one person who feels uncomfortable. However, I counter with this: If 100 people work in a workplace, and all of them are capable of using the stairs but one, should there not be a ramp built for them? Everyone has a Charter Right to not be discriminated against, as well as a human right guaranteeing them a poison-free workplace. You must accommodate to the lowest common denominator, however tedious that may be.

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What do you feel is an effective way to determine this?
-Ainsley

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If one feels it was offensive and the other does not, how is the decision made whether it is harassment or not? -Ainsley

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It would definitely be less complicated, but that doesn't mean that the situation is any less valid. It eliminates the argument that a senior official was using their position as leverage, but the other arguments would still hold true.

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If one person says they feel mistreated whereas one thinks nothing happened; who determines the validity of both sides.

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I want to say yes, because people inevitably have attractions and such. However, I don't think such situations are worth the effort, so companies should either only allow fraternization of same rank, or make it zero tolerance.

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ur wrong

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Good point
-Malaika

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Sexual harassment is difficult to legislate when protecting human rights because people have different perspectives on what harassment is and it is difficult to determine what really happens with evidence.

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did you consider :^( ?
-Sheridan

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Sydney Oakman's Response to Anna Phipp's Response to Sydney Oakman

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Sydney Oakman's Response to Anna Phipp's Response to Sydney Oakman

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I suppose it would have to be determined case by case.

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Because of the different sides, who gets to decide if one is in the right and the other is in the wrong?

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In response to Ainsley what is the line between a friendly gesture and harassment?

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In response to Ainsley what is the line between a friendly gesture and harassment?

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Abbey

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but to them that is harassment
-jack

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What can be done to determine what the intent behind the action is? How do you accommodate for people's misinterpretations, if to them, it is not a misinterpretation but the reality of the situation.

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Would the situation be different or less complicated if there wasn't a Power Dynamic between two people in a situation?

-Elizabeth Cannon

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In order to create any form legislation, one must endure the difficult task of defining what it is they are legislating. However, this may not be as big of a road block as everyone is led to believe. Legislation should reflect what makes the lowest common denominator uncomfortable or unwelcome. You see, its a lot easier for everyone in the office to make a small change to their language than to allow for employees to be uncomfortable in the workplace. It is a human right to not have to work in a poisoned workplace, and just because it may be difficult to draft all-inclusive legislation that ensures everyone has a safe workplace, that doesn't mean that it shouldn't be ventured.

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Sydney Oakman's Response to Brooke Reid's Response to Sydney Oakman's Response to Brooke Reid

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Sydney Oakman's Response to Brooke Reid's Response to Sydney Oakman's Response to Brooke Reid

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But how would we do something like that if past sexual assault cases were misunderstandings or a he said/she said issue? Would setting a "standard" make it more difficult than it already is?

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Who then determines where the line needs to be drawn?

-Elizabeth Cannon

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thanks
-stuart

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a friendly gesture and a sexual harassment are very different don't you think?

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how do you accuse someone of making up a story of them being harassed? how do you accuse them of lying?

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How would you be able to tell the difference between "just a joke" and real harassment if the statements are told the same.

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Brooke Reid in Response to Sydney Oakman's Response to Brooke Reid

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Brooke Reid in Response to Sydney Oakman's Response to Brooke Reid

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I would suggest that we take the information and statistics from past sexual assault cases/complaints and determine what is causing so many problems, then from there we must create legislation that makes those actions illegal.

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Harassment is the actions or behavior that leads to someone to feel unwelcome or offended

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Although it may be a thoughtful discussion, how can you determine how someone will perceive the comment, or gesture, regardless of intent.
-chantal

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Just have it so the harassment is based on the victim's response ya idiot

-present stuart

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Yes, as long as it is not a specific compliant.

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How do you determine someone isn't actually being harassed if they feel as if they are.
-Ainsley

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Is there any fix to support everyone's opinions in the work place?

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In certain cases it would be clear (such as whether sexual comments were made), but in most cases it would be based on the testimonies of both the compliant and the respondent. One way to determine would be to ask the respondent the intent of their actions, but this opens up the problem of the respondent lying. In short, there is no sure-fire way to determine what is over the line, and instead must be looked at in a case by case basis

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Would an anonymous report box of some sort help make someone feel safer? Like if they could report something without their identity being known?

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where would you say 'the line' should be drawn as to what is considered offensive and what is not.

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Response to the response to Darian from Darian

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Response to the response to Darian from Darian

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For the person who said it is harassment and therefore it is harassment, what if it isn't harassment, but instead reasonable and thoughtful discussion that isn't intended in anyway to harm someone.

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Who determines what the line between harassment and a gesture is
-Chantal

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i think that that is a fair way of dealing with it,. as an employer you should try to please as many people as you can, majority rules

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How does an employer (HR) decide what is helpful and what is over the line of sexual harassment?

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Although it may be difficult, in order to create a poison free environment--as promised in Human Rights legislation, one must accommodate to the lowest common denominator when it comes to Sexual Harassment legislation.

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but what if they actually are being harassed
abbey

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In Response to Brooke Reid (Sydney Oakman)

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In Response to Brooke Reid (Sydney Oakman)

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What would you suggest we do to create an all-inclusive legislation for sexual harassment? Is society capable of doing such a thing that does not cause difficulty?

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Sexual harassment is hard to determine because everyone has different views and opinions on what harassment is. It is also difficult to determine someones intent and whether or not is was harassment or a misunderstanding/miscommunication. 

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Sexual harassment is hard to determine because everyone has different views and opinions on what harassment is. It is also difficult to determine someones intent and whether or not is was harassment or a misunderstanding/miscommunication. 

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Lexi

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It is also tough to determine the facts of the case and who is telling the truth and who is stretching the facts. People commonly recall events differently compared to how the event actually happened.

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Should an employer be obligated to have a set rule that would please majority

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Sexual harassment is hard to legislate because there is the factor of 'Effect over Intent' in every harassment situation, which means that the complainant in the end is the person who measures the level of harassment, regardless of the intent behind the act.

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For that person they do feel harassed
-Jack

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It is difficult to create all-inclusive legislation for sexual harassment as everyone has different limits and definitions of what is acceptable in the workplace. As well, it is often a case-by-case basis of what is acceptable in the workplace.

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Workplace sexual harassment is so difficult to legislate because everyone has different views on what is considered harassment to them which would lead to having different views on the situation. Also, it can be difficult to legislate because the person receiving the harassment may misinterpret a friendly action as harassment which would lead their to be two different sides of the story.

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People may be sensitive to different topics

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Often stories may be changed when coming from the parties involved, people may be wrongly accused or terminated if stories are not truthfully told.

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Workplace/sexual harassment is difficult to legislate because not everyone has the same view on what sexual harassment is, therefore making their opinions different on the situation. Some people may take a situation more seriously than others.

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Because its hard to make EVERYONE comfortable, can't please everyone.

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Something such as workplace/sexual harassment is difficult to legislate for because it is very difficult to distinguish what is defined as harassment between different individuals. Some may view one thing as harassment whereas others may view it as a harmless joke. All instances are different which makes defining harassment very difficult, and ultimately the act of legislating it quite difficult.

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Something offensive to one may not be to someone else

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It's so hard to legislate because something that may be a friendly gesture to one might be considered harassment. How can one make a standard for harassment if what is considered harassment changes for each person.

-Stuart

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It is hard to differentiate between peoples views and opinions of a situation

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because you cant make everyone happy, and some may not feel comfortable to speak up.

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It is difficult to legislate because it is hard to determine intent and when something has gone too far. Just because someone says they feel harassed doesn't mean that they were actually harassed.

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sexual and workplace harrassment is hard to legislate for when trying to protect human rights because everyone has different definitions of what counts as sexual or workplace harrassment

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Workplace sexual harassment is so difficult to legislate because of the different views towards it. Some feel strongly about their human rights and can get easily offended over someones unintentional actions.

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Workplace sexual harassment can be difficult to legislate when trying to protect human rights because everyone will react differently in certain situations, meaning what one person may find to be offensive/harassment another person could take as a joke, or may not be affected by. Therefore, it is challenging to make a concrete definition on what classifies as workplace sexual harassment, because it can be interpreted differently by so many people which can cause problems and can even be used negatively against people by others.

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It is difficult to legislate because it is hard to determine intent. Someone may be trying to be helpful, but their actions could be misinterpreted as harassment.

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Sexual harassment can be difficult to legislate because it can be misinterpreted by the person on the receiving end. It is also difficult to figure out the intention behind someone's comment.

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Workplace sexual harassment is difficult to legislate for because what can be considered sexual harassment to one person, might be just a joke or something else equally "harmless" to another. The definition of sexual harassment is subjective to each person, thus leaving legislation to protect these rights difficult to create a set guideline to what sexual harassment really is. It is a case by case basis, which also makes it difficult to set precedence for. Nobody can really determine what sexual harassment is besides the person receiving the harassment, and that could possibly be seen as something else by the person who did the harassing.

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"Sexual harassment is a heavily degrading and uncomfortable action by one employee to another. Often times it occurs to women, who have traditionally been in subordinate positions as secretaries and etc. and are often seen as little more than that by those of different generation, upbringing or culture. It is something that certainly needs to be dealt with swiftly and sensitively. It is difficult to prevent and legislate against as it often turns to he said she said, and everyone's perspective of what is and isn't right is also difficult to mediate."

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Please include your name and be respectful when posting. Merci.

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Please include your name and be respectful when posting. Merci.

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-You are expected to make 1 thoughtful post as well as 2 responses to existing posts.