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A naked call to free breasts and minds (commonwealthbeacon.org)

submitted 3 months ago by borebore to c/boston

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[–] yggstyle -1 points 3 months ago* (last edited 3 months ago) (1 children)

Legally, you do. You may not like it but that's how it works. The law is about precedent and interpretation.

This is the road that will be traveled first:

What needs to be covered up? Why does it need to be covered up? Naughty bits. There was a time when a woman's bare leg was sexual and staring at it was, of course, a deviant behavior. Now? Legs for days. Can you take someone to court for looking at your legs? Sure. Will it have a good chance of success? No. What changed? The level of sexuality attached to legs. Extrapolate from here.

My argument isn't about how it should be. People should be decent. They often aren't. My statement is about the legal implications of the decision. Breasts either remain sexual which means all naughty bits are on the table or.... they aren't and are legally no different than any other nonsexual thing.

[–] bostonbananarama 1 points 3 months ago (1 children)

Legally, you do. You may not like it but that's how it works.

I'm an attorney, you don't know what you're talking about.

My argument isn't about how it should be. People should be decent. They often aren't. My statement is about the legal implications of the decision. Breasts either remain sexual which means all naughty bits are on the table or.... they aren't and are legally no different than any other nonsexual thing.

This isn't how sexual harassment is determined at all. Nothing you've said has any connection to reality.

Can you take someone to court for looking at your legs? Sure. Will it have a good chance of success? No.

YES! If you're in a workplace and that behavior is happening and it consistent, it is a hostile work environment. It would be no different if the unwanted attention was on a leg, an arm, or a breast.

[–] yggstyle 2 points 3 months ago

I'm an attorney, you don't know what you're talking about.

Enlighten me. Dave had someone staring at his chest all meeting. He wants to make a case. Play that out.

Sure. Will it have a good chance of success? No.

YES!

I said this much.

If you're in a workplace and that behavior is happening and it consistent, it is a hostile work environment. It would be no different if the unwanted attention was on a leg, an arm, or a breast.

That case would end before it reached a courtroom. It would be insanely difficult to prove intent if we are talking about a back, arm, leg, non sexual part of the body, etc.