Years ago I participated in a deposition of a sexual harassment plaintiff. Â She claimed to be a victim of unwanted sexual banter. Â The defendants did not deny the banter. Â They contended that the plaintiff participated in the banter as well. Â They said she not only participated but initiated the banter. Â Plaintiff denied it.
The plaintiff made a good visual impression. Â She was demure and soft-spoken. Â Her hair was up. Â She wore a dress with a very modest collar buttoned to the top. Â Her make-up was modest. Â She wore glasses. Â And the sleeves and length of the dress covered her arms and legs to the knees. Â
She reminded me of Mary Poppins. Â
Since then I have discovered that all sex harassment plaintiffs look like this. Â They try to convince the jurors that they are sweet and innocence, just like Mary Poppins. Â
i thought of this as I read the news article about the Brisn Calhoun criminal trial. Â A Fresno City College student cursed at him. Â He grabbed her. Â She punched him, making him bleed. Â Today witnesses testified he took her to the ground. Â You can read about it here, as well as see a photo or two. Â http://www.fresnobee.com/2013/10/10/3546533/fresno-city-college-students-brian.htmlÂ
To see the photo, it would be difficult to think that the student would curse or punch a 60 year old man, even a grumpy one. Â But this is the look.Â
Sex harassment is never justifiable. Â However, sometimes the behaviors are not harassing because the plaintiff is a willing participant in the sexual banter and activities. Â It is only after something negative happens to the employee that she contends the banter was really unwelcome. Â And to make her case look good, she claims something like, “I played along because I was scared of losing my job.” Â
It’s the look of Mary Poppins that you fight. Â
By the way, the Mary Poppins of that deposition so many years ago told the men at the office how she learned to castrate sheep without a knife. Â (She was an Ag student at College of the Sequoias.). She used her teeth. Â She was no Mary Poppins. Â