Obama Administration Attacks ‘Reasonableness’ and ‘Common Sense’ in Sex Harassment Investigations

September 13, 2016

By Hans Bader at Competitive Enterprise Institute

The Supreme Court has repeatedly said that not all sexual flirtation or interaction constitutes sexual harassment, and that whether conduct is bad enough to amount to harassment “should be judged from the perspective of a reasonable person in the plaintiff’s position, considering ‘all the circumstances.’” Thus, reasonableness is part of the legal standard...

Schools: University of Montana Western Frostburg State University University of New Mexico