The relevance of context in assessing claims
And also to what extent can “context” offer a justification for just what otherwise would clearly be behavior that is harassing?
First, exactly exactly what gets the Supreme Court stated about “context”? With its 1998 choice in Oncale v. Sundowner Offshore Services, Inc., the Supreme Court claimed that a court applying Title VII should provide “consideration of this social context by which particular behavior occurs 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 an advisor’s slapping a soccer player from the behind after a game title, from their doing the same task to their secretary straight back on the job. Context might justify the previous behavior, although not the latter.
But federal courts have actually struggled with all the idea of “context, ” often running amok along with it. The U.S. Court of Appeals for the tenth Circuit, as an example, held in 1995 in Gross v. […]