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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 Department of Correction (Connecticut 1998)

In Brittell v. Department of Correction, 247 Conn. 148 (1998), the plaintiff, a correction officer, alleged that the Department of Correction failed to remedy a hostile work environment caused by sexual harassment and rumors about her gender identity. After internal investigations failed to identify responsible individuals, the Department warned staff, provided support services, and offered the plaintiff a transfer, which she declined.

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.

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 v Edwin Michael Jalleh & Anor [2012]

A senior manufacturing supervisor was dismissed after an internal inquiry confirmed that he had inappropriately touched a female employee on the factory floor. He challenged the dismissal under section 20 of the Industrial Relations Act 1967, and the Industrial Court accepted the misconduct but ruled that termination was excessive, awarding him back wages and compensation in lieu of 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.

Hill v. Cundiff (11th Cir. 2015)

In Hill v. Cundiff, 797 F.3d 948 (11th Cir. 2015), a14 year old eighth grader (Doe), was raped at school by 15 year old eighth grader (CJC), who had a prior history of sexual harassment at the school. The school’s policy on sexual harassment was to accept only three types of evidence as demonstrative of sexual harassment: catching the harasser in the act, physical evidence of the harassment, or an admission of guilt by the harasser.

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