must be designed into the basic structure of a facility and its subsequent decor.
invitee's individual circumstances and feelings," welcomeness
(91) Opponents challenge the idea that silence constitutes welcomeness.
This article reviews the Doe case and discusses its impact on the welcomeness
defense in sexual harassment claims involving minor plaintiffs.
Second, on the relevance of voluntariness, the Court decided that the appropriate inquiry was not whether the complainant acted voluntarily but whether the particular conduct was unwelcome.(49) The Court pointed to the EEOC Guidelines and the need to review the whole record and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred.(50) Sexually provocative dress or speech would be relevant then only in determining the "welcomeness
" of the incident.
Further, while Title VII protects against conduct that is unwelcome, voluntary submission to sexually harassing behavior has no bearing on the determination of welcomeness
. It has been determined that such submission often is used by victims as a method of dealing with unwelcome behavior.
In the aftermath of the Carr decision, evidence concerning the clothes a plaintiff wears, the language she uses, and any other conduct that might be considered sexually provocative is still likely to be considered relevant to the "welcomeness
" of the alleged harassment.
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.
Two aspects to worksite responsiveness include those services and accommodations which suggest the "welcomeness
" of the worksite and the degree to which the organization and those involved in disability management use their status to network in the community.
(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.J.
Though he cites previous case law extensively for support of legal assertions (such as thc definition of "welcomeness
"), the refutations of the district court and conclusions of law are original enough that the dissent protests that the court has "seen fit to change the Circuit's law on harassment" by refusing to defer to precedent (1015).
Radford, By Invitation Only: The Proof of Welcomeness
in Sexual Harassment Cases, 72 N.C.
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.