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Is this the anthropoligical view?  Because it has nothing to do with the law.  Yes, in the United States, it isn't hard to sue for sexual harassment or anything else that someone decides they want to sue for. Your last quote "Sexual harassment creates a hostile, offensive, oppressive, or intimidating work environment and deprives its victim of his or her statutory right to work in a place free of discrimination, when the sexually harassing conduct sufficiently offends, humiliates, distresses or intrudes upon its ...
www.losangelesemploymentlawyer.com/CM/Custom/Practice-Ar… " while written by an attorney advertising for business is NOT actually the legal standard, merely a guy looking to drum up business.

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I really don't mean to be rude, but you are an attorneys dream client. You are so ill informed about what the law really does as opposed to your personal opinion, they could milk you for huge fees on a worthless case.

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ORIGINAL: juliaoceania

Yes you do mean to be rude, in fact you are quite adept at being rude. You cannot seemingly express an opinion without being rude...

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ORIGINAL: LadyConstanze

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ORIGINAL: LafayetteLady

A friend of mine who lives in Germany has told me that in Germany, such an employee would have to also bear your legal costs for filing a frivolous suit.  That is one way to deter people from being overly litigious. 

Haven't lived in Germany for a while, but the frivolous law suit would be an additional fine that is slapped on, the legal costs of the other party is automatically born by the party who loses the law suit.

As an example, I was sued by a landlord because his heater was rusty and broke, while filling up half of my flat with water (who knew they got that much water in them) and the flat underneath, since I am not an expert in heaters and it could not be reasonably demanded that I take the thing apart and check if anything is rusty (damage was not in plain sight) it was not my fault, so the landlord paid for the costs of my lawyer, who did little else than write a letter that it is not my responsibility and recommended an inspector (who confirmed), the inspector and the court costs, the lawyer's fees were not for writing the letter but for a percentage of the damages the landlord tried to sue me for.

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ORIGINAL: RapierFugue

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ORIGINAL: juliaoceania

Yes you do mean to be rude, in fact you are quite adept at being rude. You cannot seemingly express an opinion without being rude...

Ah cool, thanks. I thought I must be imagining things.

Ta for that.

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ORIGINAL: juliaoceania

quote:

Is this the anthropoligical view?  Because it has nothing to do with the law.  Yes, in the United States, it isn't hard to sue for sexual harassment or anything else that someone decides they want to sue for. Your last quote "Sexual harassment creates a hostile, offensive, oppressive, or intimidating work environment and deprives its victim of his or her statutory right to work in a place free of discrimination, when the sexually harassing conduct sufficiently offends, humiliates, distresses or intrudes upon its ...
www.losangelesemploymentlawyer.com/CM/Custom/Practice-Ar… " while written by an attorney advertising for business is NOT actually the legal standard, merely a guy looking to drum up business.

Notice I posted several definitions, feel free to attempt to argue with yourself some more, you enjoy it so very much

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I really don't mean to be rude, but you are an attorneys dream client. You are so ill informed about what the law really does as opposed to your personal opinion, they could milk you for huge fees on a worthless case.

Yes you do mean to be rude, in fact you are quite adept at being rude. You cannot seemingly express an opinion without being rude...

It is not enough to say "hey perhaps you didn't know this or that or the other" you have to get really nasty about it.

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ORIGINAL: Arpig

Sort of. Some mild kinky flirting. Things like "That's a nice outfit, know what would make it even better? Handcuffs." or "You look good enough to tie up" or "I have a gag that would match that blouse.". Things like that.

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ORIGINAL: LafayetteLady


LC, I should have been more clear, because yes, the loser pays.  I was just stating that in this case, since the employee could very likely not win, or in Rochsub's cases, those employees didn't win, they would have had to pay monies to the other side for expenses.  I wasn't clear that it goes both ways.  Going both ways not only insures that people don't file frivolous suits, but also makes sure the companies, landlords or such run their businesses in a way that they don't face lawsuits.  Typically anyway, lol.  Obviously, your previous landlord didn't get the memo.

ETA: talking about dinner, typed "menu" instead of "memo."

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ORIGINAL: juliaoceania

Yes you do mean to be rude, in fact you are quite adept at being rude. You cannot seemingly express an opinion without being rude...

It is not enough to say "hey perhaps you didn't know this or that or the other" you have to get really nasty about it.

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ORIGINAL: agirl

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ORIGINAL: juliaoceania

Yes you do mean to be rude, in fact you are quite adept at being rude. You cannot seemingly express an opinion without being rude...

It is not enough to say "hey perhaps you didn't know this or that or the other" you have to get really nasty about it.

I have to be a bit too English............ you really think that is nasty?

agirl

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ORIGINAL: juliaoceania

Its like when someone says "I don't mean to be brutally honest", or "I am not trying to be mean" or "I am not trying to insult you" any other such disclaimer, they really DO intend it, otherwise they wouldn't put that disclaimer out there to start with

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ORIGINAL: RapierFugue

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ORIGINAL: juliaoceania

Its like when someone says "I don't mean to be brutally honest", or "I am not trying to be mean" or "I am not trying to insult you" any other such disclaimer, they really DO intend it, otherwise they wouldn't put that disclaimer out there to start with

My fave is "with the greatest of respect" ... you can pretty much guarantee that whatever follows it isn't going to be in the least respectful :)

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ORIGINAL: juliaoceania

Tell me, where did I say anything about the burden of proof necessary to win a case? I never made any claim other than a person CAN sue for sexual harassment if they perceive themselves to have been a victim of it. Also, the perception of sexual harassment is that of the victim. If an employee complains about the way a coworker talks to them, and they feel as though they have been the target of sexual innuendo, the employer has the duty to create an environment where the employee feels safe and unthreatened. If the employer fails to do so and the language continues to be directed at the employee from coworkers or management, that meets the definition of sexual harassment.

In other words, I complain to my employer that my supervisor wants me to call her mistress, and I feel as though this is a sexual thing, the employer does nothing to mitigate that behavior towards me, and the superviser continues to speak to me in that way, yes... I do have a case. The way to prove that case was never an issue, what I was saying is that it is a form of sexual harassment if the person perceives it to be, complains about it, and receives no redress

Now, I know you think it is a wonderful thing to make yourself appear knowledgeable at the expense of others, but it doesn't, it only makes you look like a bully to me... not that you care what I think...

Furthermore, how another poster posts to me seems to be one of the most silly of excuses to post nastily, what, you follow other people's examples of how it is acceptable to post?

How very sad.

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ORIGINAL: RapierFugue

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ORIGINAL: juliaoceania

Its like when someone says "I don't mean to be brutally honest", or "I am not trying to be mean" or "I am not trying to insult you" any other such disclaimer, they really DO intend it, otherwise they wouldn't put that disclaimer out there to start with

My fave is "with the greatest of respect" ... you can pretty much guarantee that whatever follows it isn't going to be in the least respectful :)

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ORIGINAL: Iamsemisweet

Lady Constanze,
In the US, unless there is a contractual provision or a statute to the contrary (and there aren't many), each side pays their own attorney fees. 

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ORIGINAL: Iamsemisweet

Lady Constanze,
In the US, unless there is a contractual provision or a statute to the contrary (and there aren't many), each side pays their own attorney fees. 

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ORIGINAL: Rochsub2009

The problem goes beyond this though.  The other cost is in lost productivity.  Each time I've gone to court, it's cost me at least one complete day of work.  Moreover, I've usually had to drag an employee or two in to serve as witnesses, so they also lost a complete day of work.  If my employees are testifying instead of working, that costs me money.  Pulling 2 employees out of work and bringing them to court to testify is going to cost me a minimum of $1,500 in lost revenue.  So even if I win, I still lose.  

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ORIGINAL: Rochsub2009

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ORIGINAL: Iamsemisweet

Lady Constanze,
In the US, unless there is a contractual provision or a statute to the contrary (and there aren't many), each side pays their own attorney fees. 

The problem goes beyond this though.  The other cost is in lost productivity.  Each time I've gone to court, it's cost me at least one complete day of work.  Moreover, I've usually had to drag an employee or two in to serve as witnesses, so they also lost a complete day of work.  If my employees are testifying instead of working, that costs me money.  Pulling 2 employees out of work and bringing them to court to testify is going to cost me a minimum of $1,500 in lost revenue.  So even if I win, I still lose.  

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ORIGINAL: LadyConstanze
So basically if I want to put a competitor out of business, I could just make sure a bunch of his employees sue him, like if I had a family member who happens to be a lawyer and is not busy, I could mess up your business rather cheaply, then take over that business and the increased profit will easily pay for the legal costs...