The relevance of context in assessing claims
And also to what extent can “context” provide a justification for just what otherwise would clearly be behavior that is harassing?
First, just just just what has got the Supreme Court stated about “context”? With its 1998 choice in Oncale v. Sundowner Offshore Services, Inc., the Supreme Court claimed that the court using Title VII should offer “consideration associated with the social context by which particular behavior happens and it is skilled by its target” when determining whether an objectively aggressive environment existed.
As an example, Justice Scalia noted in their bulk viewpoint, context is really what differentiates a mentor’s slapping a soccer player in the behind after a game title, from his doing the same task to their assistant straight straight right back in the office. Continue Reading