Steady, master," said the man, stepping forward to propitiate Miss Wilson, and evidently much oppressed by a sense of unwelcomeness
. "It ain't any fault of the lady's.
is not a high hurdle, and it is cleared in this case.
(119) or can even overcome seemingly welcome behavior for
further held that "unwelcomeness
" and not "consent"
should apply in the unwelcomeness
inquiry, and the federal courts of
Justice Scalia's line from Oncale about asexuality illuminates controversial aspects of sexual harassment law: namely, the unwelcomeness
requirement and the objective prong of the hostile work environment analysis.
I would not, however, incorporate a requirement of unwelcomeness
into this proposed prohibition of sexual harassment based on the concept of harm to dignity.
According to Beasley, these decisions don't stem from lack of preparedness or lack of persistence but from a range of factors that include: racial animosity and an overall sense of unwelcomeness
on campus; having their college admissions questioned by peers as being the result of affirmative action; and lack of African-Americans in various careers in science and technology, which Beasley said is interpreted as a sign that those fields are not welcoming of minorities.
The concern is that, beneath the surface, "moralism may be being smuggled into sexual harassment litigation," (94) as the courts identify unwelcome behavior with an attempt to "outrage the modesty of a female employee." (95) The "'unwelcomeness
' requirement [in the Vishaka guidelines] forces women to act in a wholesome and chaste manner, in accordance with socially-prescribed gender roles, in order to have a valid sexual harassment claim." (96) The courts will "protect the 'proper' victim, who appears to be a sexually pure and passive victim," (97) as was done in the Apparel Export Promotion Council case.
(85) While there may be valid reasons to take such actions, professional licensing bodies should be careful in doing so, minimizing rhetoric of marginalization or unwelcomeness
; the organizations should clarify that while certain actions may be incompatible with professional duties, military service in and of itself is in no way inconsistent with professional norms.
Not only did the students feel unfairly burdened with this unwelcome imposition, but this sense of unwelcomeness
was reinforced by the school environment.