Harassment

“ Harassment on the basis of national origin is unwelcome verbal, written or physical conduct directed at the characteristics of a person's national origin, such as negative comments regarding surnames, manner of speaking, customs, language, or ethnic slurs.
Harassment on the basis of sexual orientation is unwelcome verbal, written or physical conduct directed at the characteristics of a person's perceived sexual orientation, such as negative name calling and degrading behavior. ”

“ When an employer knows or should know of the harassment and fails to take effective measures to stop it, the employer has joined with the harasser in making the working environment hostile. The employer, by failing to take action, sends the harassed employee the message that the harassment is acceptable and that the management supports the harasser. "Effective" remedial measures are those reasonably calculated to end the harassment. The "reasonableness of an employer's remedy will depend on its ability to stop harassment by the person who engaged in harassment." ”

“ Appellants have alleged in their complaint facts surrounding their arrests which suggest harassment solely on account of the nature of appellants' protest. [5] Moreover, the criminal complaints filed against several of the appellants in the state court, and appended to the appellees' answer in this case, raise a strong suspicion that the arrests and prosecutions were carried out in bad faith. [6]
Where there are allegations of bad faith, harassment, and discrimination, critical evidence on the matter can only be drawn out upon cross-examination of the officials involved. ”

“ The question in a case in which an employee makes a § 1981 claim alleging racial harassment should be whether the acts constituting harassment were sufficiently severe or pervasive as effectively to belie any claim that the contract was entered into in a racially neutral manner. ”

“ To prevail on a hostile work environment cause of action, a plaintiff must establish, among other things, that she was subjected to unwelcome sexual harassment based upon her sex that affected a term, condition, or privilege of employment. ... The behavior creating the hostile working environment need not be overtly sexual in nature, but it must be "'unwelcome' in the sense that the employee did not solicit or invite it, and the employee regarded the conduct as undesirable or offensive." ”

“ Provide appropriate notification to individuals who allege they have been harassed on the status of the response to the harassment allegation, including, but not limited to, when the Component determines its response to be completed.
h. Identify available resources and support services to restore workplace efficiency.
i. Permit a third-party, such as a bystander or witness, to report the harassment of a DoD civilian employee, unless the report is made via the process identified in Paragraph 4.3. ”

“ Not tolerate or condone harassment, to include harassment that is not unlawful but adversely affects the work environment. Harassment jeopardizes combat readiness and mission accomplishment, weakens trust, and erodes organizational cohesion. Harassment is fundamentally at odds with the obligations of Service members and DoD civilian employees to treat others with dignity and respect. ”

“ See Lehmann, supra, 132 N.J. at 603-04, 626 A.2d 445 (enumerating standard for actionable hostile work environment sexual harassment) .
IV. We turn now to the circumstances under which a school district's actions--or inactions--in preventing and addressing a hostile [A548] school environment entitle an aggrieved student to recovery. ”

“ Yeah, okay, so basically he has got his defenders, and there are very many women who are simply flabbergasted that something like that can fly. Which is a similar situation where you’re dealing with a community that’s skewed gender-wise in the first place, And people’s judgement about what is harassment differs. ”

“ Precision isn’t very good, if we for example made a rule that was very easy for people who are harassed to report that harassment, but it also enabled people to use reporting harassment to harass other people. ”

“ You laugh at a joke about someone in your class who stutters. You make obscene telephone calls or send racist notes or computer messages. You comment in a derogatory way about a particular person or group's physical appearance or sexual orientation, or their cultural origins, or religious beliefs. It was not clear whether each of these actions would subject a student to sanctions, although the title of the section suggests that they would. It was also unclear why these additional examples were listed separately from those in the section entitled "What is Discriminatory Harassment." ”

“ Since 2000, there has been a significant increase in complaints of harassment and threats directed against individuals and entities working for the protection of human rights, as well as judicial officials and other persons involved in judicial proceedings. ”

“ So even if the system will work, we need to convince people that they should sign on to it, so we can even try it in the first place. And so the thing that we’re struggling with now is, yes, we’re making, like, a place where you can safely report harassment, and somebody will turn around and well, now somebody is going to in a very hidden place, report that I’m harassing them, and you know, work against me, And it’s probably a boogy man, and definitely something that we can iterate on and improve, but getting past that threshold is the thing that we’re really struggling with. ”

“ Such threats and harassment, which are also directed against the press and journalists, are often related to the investigation and trial of individuals with past or present ties to the State, suggesting that they may form part of a systematic campaign of intimidation. ”

“ See N.J.S.A. 18A:37-13 to -18 (enacting procedures to curb acts "reasonably perceived as being motivated either by actual or perceived characteristic, such as ... sexual orientation") . As the Legislature found,
[A] safe and civil environment in school is necessary for students to learn and achieve high academic standards; harassment, intimidation or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment. ”

“ To one who does not bow under the paramount influence of religion, the harassing question occurs,—What is to be done? Cases may be easily imagined in which it would be idle to say—"treat the offence and the offender with contempt—leave them to the contempt of society;" where such a course would only add to the poignancy of the wrong or insult, and invite aggravation and repetition. Let the outraged lady be imagined one's own wife, or daughter, or sister! ”

“ Steal! says her husband, she would steal nothing but, perhaps, a few ribbands before they were left off by her lady. Sir, answer'd I, why should you, by supposing me a thief, insult one from whom you have received no injury? Insult, says the lady; are you come here to be a servant, you saucy baggage, and talk of insulting? What will this world come to, if a gentleman may not jest with a servant? Well, such servants! pray be gone, and see when you will have the honour to be so insulted again. Servants insulted—a fine time.——Insulted! Get down stairs, you slut, or the footman shall insult you. ”

“ Food was sent to my cell, that a dog would have rejected; and the door was shut when I attempted to enter the church. A thousand circumstances of persecution, too contemptible, too minute, either for recollection or repetition, but infinitely harassing to the sufferer, were heaped on me every day. Imagine, Sir, a community of upwards of sixty persons, all sworn to each other to make the life of one individual insupportable; joined in a common resolution to insult, harass, torment, and persecute him; and then imagine how that individual can support such a life. ”

“ It is equally well known and understood too, that this savage system of bullying and assassination is no longer pursued from the impulse of angry passions or furious prejudices, but on a cold-blooded mercenary calculation of the profits which idle curiosity, and the vulgar appetite for slander, may enable its authors to derive from it. Where this is to stop, we do not presume to conjecture,—unless the excess leads to the remedy, and the distempered appetite of the public be surfeited, and so die. ”

“ How many an insolent inclination to personal violence has been checked—how many a truculent heart has sickened, before the prospect of a "leaden breakfast!" Take a single case, which is really embarrassing to the candid opponent of duelling; an insult offered, by either words or deeds, to the character or person of a lady whom one is bound to protect—an injury beyond all legal cognisance, and perpetrated by one occupying the station of a gentleman. ”

“ When you happen to be a witness to any instance of unprovoked domestic rage, into which they have allowed themselves to be transported, they will very probably lament their misfortune, in having more ungovernable tempers than the rest of mankind. But if a man does not speak and act with the same degree of violence on an equal provocation, without considering whether it comes from superior, equal, or dependant, he plainly shews that he can govern his temper, and that his not doing it on particular occasions, [466] proceeds from the basest and most despicable of all motives. ”

“ They're not real people, like you and I.' At this he curled his lip, barely able to contain his rage. 'On bad days..... They're harassed and preyed upon by police, jaded social workers and psychotic killers, or just beaten and abused by the fatherly' pimps.
'And what is their crime, that makes them the object of universal scorn and reprisal? They're VICTIMS, vulnerable, bringing out the predatory instinct in all of us. And more than that, they commit the most unforgivable sin of all: they make us look at ourselves, and see something about our pretty little world that we don't like. ”

“ This, by shrewd looks, ironical gestures, or tittering whispers, is kept up, to the great mortification of the unhappy victim, and to the reproach and dishonor of the offenders. Such conduct is a breach, not only of the rules of common civility, but of humanity; besides being directly repugnant to the precept of doing to others as we would that they should do to us. ”

“ And be it further enacted by the authority aforesaid, that whosoever shall be convicted of assaulting or offering any insolence or violence to any woman or mankind in the fields, streets or lanes in any town, or of despoiling them, damnifying or defacing of their attire or ornaments, or attempting the same, shall be punished by being publickly whipped, not exceeding two stripes, or by being committed to the house of correction to receive the discipline of the house and continue there by the space of thirty days. ”

“ Every one suspects me, but none dare reproach me. You on the contrary, are the butt against which every censure is levelled: they know, that your easy nature can pardon malignity, and the hand that insults you to-day will crave your kindness to-morrow. When you are offended, with puerile impotence and passionate violence, you exhibit the effects of your momentary rage ”

“ It has been shown, in dealing with the criminal law, that, when we call an act malicious in common speech, we mean that harm to another person was intended to come of it, and that such harm was desired for its own sake as an end in itself. For the purposes of the criminal law, however, intent alone was found to be important, and to have the same consequences as intent with malevolence superadded. ”

“ Now it is of course true that rough, ignorant people are much more prone to violence of speech and action than those of gentle breeding, and hence most of our crimes of violence are committed by those whose lives are those of squalor. ”

“ If there isn’t a row, nothing’s disgraceful. Of course all these laws and regulations and institutions and arrangements are just ways of putting people at the mercy of blackmailers and jealous and violent persons. One’s only got to be a lawyer for a bit to realize that. Still that’s not our business. That’s psychology. If there aren’t any jealous and violent persons about, well, then no ordinary decent person is going to worry what you do. No decent person ever does. So far as I can gather the only barbarian in this case is the testator—now in Kensal Green. ”

“ But unfortunately, when you are dealing with crimes of violence, moral suasion and gentle treatment produce nothing more poignant in the bosom of your adversary than a sensation of amused and derisive contempt. ”

“ Insult, contumely, abuse, cruelty and injustice he has been forced to bear at the hands of the rougher classes, without hope of redress. He has been kicked, and cheated, and plundered, and not a voice has been raised in his behalf ”

“ Such an illegal examination, brutally conducted, covers the helpless and innocent with the awful shadow of fear fathered by the suspicion of cruel abuse, and the victims of such gross assault, in their loneliness, beyond all help, are forced to appear guilty of something when they are not. ”

“ Are we engaged in quarrels and misunderstandings with our neighbours? These were all begun and inflamed by the false, malicious tongues of our servants. Are the secrets of our families betrayed, and evil repute spread of us? Our servants were the authors. Do false accusers rise up against us (an evil too frequent in this country) ? They have been tampering with our servants. Do our children discover folly, malice, pride, cruelty, revenge, undutifulness in their words and actions? Are they seduced to lewdness or scandalous marriages? It is all by our servants. ”