Is Dissing Hillary At Work “Sexual Harassment”?
August 9, 2016
What people can say at work without it being labeled as harassment has become a contentious issue and the subject of some interesting analysis by Eugene Volokh, in his Volokh Conspiracy blog in the Washington Post. First it was the “Don’t Tread On Me” controversy. Volokh took issue with the EEOC’s finding that an employee wearing a cap with that familiar insignia, the one with the coiled snake, could constitute harassment. This was apparently the contention of an African-American man who worked at the same U.S. Postal Service facility. Now the question takes a different form, this time regarding statements about the qualifications, or alleged lack of them, of candidate Hillary Clinton. At what point do they cross a line to become a form of workplace harassment based on sex? And will the employer’s fear of allowing that line to be crossed lead to overkill in the form of unwarranted restrictions on free speech? Meanwhile, on the other side of the current great divide, there is a whole other set of potential harassment vs free-speech issues when it comes to statements and paraphernalia in support of Donald Trump.
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