plaintiff remained silent before equating silence with welcomeness.
Estrich notes that "the subjective welcomeness inquiry, gravamen or
15) Thus, the court concluded, a defendant cannot as a matter of law raise the defense of welcomeness in a Title VII sexual harassment suit by a minor plaintiff when the conduct alleged to constitute sexual harassment occurred.
If the case proceeds to trial, the plain tiff may try moving in limine to exclude any evidence concerning welcomeness.
The entry lobby is also an important area from a security perspective and one where the architect's concepts of openness and welcomeness
are diametrically opposed to security's need for identification, validation, and control.
The study of the role of EAP's in disability management (Akabas & Krauskopf, 1989) enumerated welcomeness
measures such as providing barrier free access; providing new or modified equipment; negotiating changes in job productivity requirements, job design, job location, or work schedule; providing a transitional work program; offering a formal procedure for temporary work accommodation; providing a role for disabled employees and their supervisors in job accommodation; and offering retraining programs when necessary.
68) This policy focuses on the effect of an individual's conduct on another person, rather than on intent, in determining the welcomeness
of the behavior, and recommends that all employees take note of both verbal and nonverbal signs in interpreting the impact of their conduct.
Wood, Note, "Inviting Sexual Harassment": The Absurdity of the Welcomeness
Requirement in Sexual Harassment Law, 38 BRANDEIS L.
Yet we have seen how the integration of the legal definitions of welcomeness
and harassment have worked in multiple judicial opinions to create a coherent whole - "welcome harassment" - that seems to defy logic.
Radford, By Invitation Only: The Proof of Welcomeness
in Sexual Harassment Cases, 72 N.
Research repeatedly documents that men and women have very different attitudes about the welcomeness
of sexually oriented conversation, jokes, pictures, and behavior in the workplace, and these attitudes need to be also in training programs.
By contrast, hostile environment theory constitutes an ambiguous narrative in which subjective determinations of welcomeness
and consent intrude.