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sexual harassment

ID
1028

2007(A) No. 1961

The accused was charged with the act of stalking a female customer at a shopping mall, taking photographs of her buttocks in trousers with his cellular phone with a built-in digital camera from a close distance.  The court held that this act constituted an obscene act making a victim feel embarrassed or insecure under the Hokkaido Prefecture Ordinance on Prevention of Violent Public Nuisance No. 34 of 1965, which criminalizes obscene behavior.

Brittell v. Dep’t. of Correction

Here, a former correction officer claimed the Department of Correction created a hostile work environment through an officer’s sexual harassment. Prior to the plaintiff’s employment, she attended a training academy to be a correction officer. One of the plaintiff’s classmates commented that the plaintiff did not date men and that she liked women. The plaintiff warned the classmate to never make such a comment again, but she did not report the comment to a supervisor. Id. at 151.

Driskell v. Peninsula Business Services & Others

D described, amongst others, how her manager suggested the day before her appraisal interview that, at that discussion, she should wear a short skirt and a low-cut or see-through blouse – the inference being that doing so would further her chances of a favorable appraisal. The EAT held that the “lewd words” acted as a detriment. The Court concluded that the correct approach when dealing with a course of conduct of harassment should be to limit judgment to the finding of all facts that are prima facie relevant.

Ericson v. Syracuse Univ.

Ms. Ericson and Ms. Kornechuk brought an action against Syracuse University and its employees under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681 (“Title IX”) and the Violence Against Women Act, 42 U.S.C. section 13981 (“VAWA”). Plaintiffs alleged that they were sexually harassed by their tennis coach, and that the University was aware of the tennis coach’s behavior and conducted a sham investigatory proceeding to conceal the extent of the tennis coach’s misconduct, which had occurred for more than twenty years. Defendants moved to dismiss the claims.

Ex parte Alabama Department of Youth Services

Jane Doe 1 and Jane Doe 2, female minor children in the custody of Alabama’s Department of Youth Service (“DYS”), brought an action against DYS and its executive director, alleging federal claims of sexual harassment and abuse under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq. (“Title IX”) and 42 U.S.C. § 1983, and state claims of intentional infliction of emotional distress, negligent hiring and supervision of DYS employees, and intentional misrepresentation.

Expediente 07-200123-0306-PE

The public defender is appealing a conviction of sexual assault on behalf of his client. The appeal argues that (1) the facts alleged are imprecise and ambiguous (e.g., how is it possible to restrain someone’s arms while touching them at the same time?) and (2) the sexual contact was consensual because there was no evidence of the victim’s fighting back, she didn’t scream for help, had no injuries or physical signs of assault.

Freescale Semiconductor Malaysia SDN BHD (Appellant) v. Edwin Michael Jalleh (First Respondent), and Mahkamah Perusahaan Malaysia

The First Respondent Edwin Michael Jalleh was a senior manufacturing supervisor at the Appellant, and he deliberately touched the buttocks of Intan Nurulain, while she was working at the saw machine. Jalleh was a supervisor on the floor. The administrative inquiry found the allegation to be proved, and he was issued a letter of dismissal from the Appellant. The First Respondent filed a claim under Section 20 of the Industrial Relations Act 1967 that his services had been terminated without just cause or excuse. He sought, among other things, reinstatement.

Gaylene Jessica Helen Main v. Kim Richards Topless

The plaintiff was a milker employed by a dairy farm. The plaintiff complained that she was not considered for promotion or training opportunities because she was female. The plaintiff also alleged sexual harassment, in the form of unwelcome comments and jokes. The court found that the plaintiff did not establish that she had been a victim of unlawful discrimination on the ground of her sex.

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