Friendly neighborhood employment lawyer here. I’m seeing some truly garbage takes that Toobin’s conduct is not “sexual harassment” so why should he be fired?
Sexual harassment is defined in lots of different ways. One of the ways is as any activity that creates an intimidating, hostile, or offensive work environment for members of one sex or because the activity is of a sexually explicit nature.
I do a lot of internal investigations of sexual harassment claims. Masturbating in front of colleagues, whether intentional or not, meets this definition.
(And yes I know there are going to be some folks on here who say maybe the conduct is not pervasive enough to warrant termination but cases are clear that even one off conduct that is extreme can meet the definition and I think this does).
In conclusion: I hope in 2021 I don’t have to discuss penises either on Twitter or in my work life as much as I did in 2020, but I’m not optimistic.
You can follow @KSVesq.
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