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The belief that men are more likely to get turned on by sexual images than women may be something of a fantasy, according to a study suggesting brains respond to such images the same way regardless of biological sex.
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Sexual harassment involves offensive and unwanted conduct of a sexual nature. Sometimes there is flirting in the office between coworkers or even between a supervisor and an employee. However, if either party makes clear that they are not interested, the other party should not persist. Workplace sexual harassment can include words, physical acts, or visual gestures or images.
Visual sexual harassment is an assault to an employee's sight. It can include obscene gestures and looks or sexually explicit images in the forms of office posters, email attachments, photographs, screensavers, wallpaper on a computer, nude calendars, and other graphic images that offend. The New York City Human Rights Law is one of the most expansive anti-discrimination laws in the country, and in many situations, it is the best law under which to pursue your visual sexual harassment claim.
Unlike with state law, you can recover punitive damages. Unlike with federal law, you can recover compensatory and punitive damages without a cap subject to constitutional limits. Sexual harassment that results in a hostile work environment is a type of employment discrimination.
Generally, a hostile work environment exists if the workplace is permeated with insults, ridicule, or discriminatory acts that are severe or pervasive enough to change the victim's workplace conditions and create a hostile work environment. The workplace must be hostile from the victim's own perspective as well as a reasonable person's perspective, and this must be assessed from the totality of the circumstances.
Sometimes visual sexual harassment is a borderline situation or could be interpreted as a trivial inconvenience or petty slight. However, the primary issue under city law is whether the plaintiff has proven that it is more likely than not that they have been treated less well than other employees due to their gender. Under the New York State Human Rights Law, it is illegal for an employer not to hire, to fire , or to otherwise discriminate against a job applicant or employee in the terms, conditions, or privileges of employment due to gender.
In many respects, the state law mirrors the federal law. In most cases, a trivial, one-off event will not count as visual sexual harassment under state law. How frequent the discriminatory conduct is, its severity, and whether it unreasonably interferes with your job performance will go into the analysis of whether it is actionable. For example, if your boss is watching pornography in his office with the door closed, and you walked in one time and saw this, the single minor event may not be actionable under the state law.
However, if your boss watches pornography in an open space area where multiple employees work, and he does this repeatedly, this may rise to the level of an actionable hostile work environment. Visual sexual harassment may also constitute a hostile work environment under Title VII.
However, Title VII applies only to larger employers, which are those with at least 15 employees. It also caps compensatory damages based on the size of the employer. In most cases, it is wiser to proceed under the city law, which is the most expansive and protective. However, you should consult with an experienced attorney who understands the strategic implications of proceeding under each of these laws.
Exposure to visual sexual harassment, whether it is gestures or pictures, is distressing and degrading for victims. Sexual and graphic images do not belong in the workplace. If you have faced visual sexual harassment at your job, you should consult an experienced employment litigator. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome. The Super Lawyers list is issued by Thomson Reuters. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Can Sexual Harassment be Verbal?
How do I Prove Retaliation in the Workplace? Is Sexual Harassment Discrimination? What are Considered Sexual Advances in the Workplace?
What Constitutes Sexual Harassment? What is Actual v. Perceived Discrimination? Perceived Race Discrimination? What is Considered Sexual Harassment at Work? What is Employment Discrimination in the Workplace? What is Gender Discrimination in the Workplace? What is Religious Discrimination? What is the Pregnancy Discrimination Act? What is Considered Pregnancy Discrimination in the Workplace?
What are Some Examples of Retaliation in the Workplace? What are Reasonable Accommodations of Pregnant Workers? Areas of Practice. Sexual Harassment. Visual Sexual Harassment. Visual Sexual Harassment Visual sexual harassment is an assault to an employee's sight. City Law The New York City Human Rights Law is one of the most expansive anti-discrimination laws in the country, and in many situations, it is the best law under which to pursue your visual sexual harassment claim. State Law Under the New York State Human Rights Law, it is illegal for an employer not to hire, to fire , or to otherwise discriminate against a job applicant or employee in the terms, conditions, or privileges of employment due to gender.
Get Advice from a Knowledgeable New York City Attorney Exposure to visual sexual harassment, whether it is gestures or pictures, is distressing and degrading for victims. Contact Us Free Consultation. Submit a Law Firm Client Review. Justia Law Firm Website Design.
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The magazine Playgirl famously launched as a source of sexual imagery targeted at presumably heterosexual women. It just as famously ended up with a readership of mostly homosexual men. The issue with such studies is the social and cultural baggage about sex and desire that women likely bring into a controlled laboratory environment.
With the goal of stripping away that baggage and focusing only on a biological response, a research group has collected and processed brain-imaging findings from 61 relevant studies, producing a result likely to generate some controversy.
His team sought to look more holistically at brain networks that respond to visual sexual stimuli while excluding influences such as touch. With that curtain out of the way, Noori says, the team found that being male or female contributes very little to which neural networks fire up in response to visual erotica.
To reach this new take on existing evidence, Noori and his co-workers examined studies that used functional magnetic resonance imaging fMRI to compare brains of biologically male and female participants of different sexual orientations: homosexual, bisexual and heterosexual these analyses do not typically include nonbinary or intersex participants.
The fMRIs reflected neural blood-flow changes when the brain kicked into gear while participants viewed arousing images. Noori and his colleagues looked at regions that became active together during arousal, using statistics to control for connections that cropped up by chance.
What they found was scarcely any sex-based differences between men and women when brain networks responded to the visual stimuli. These findings counter earlier results suggesting sex differences, Noori and his co-authors say, including the oft-cited work of Kim Wallen and his colleagues, who reported sex-based arousal variations in a brain region called the amygdala. In response to the new study, Wallen, a professor of psychology and behavioral neuroendocrinology at Emory University, questions some of the statistical conclusions.
He points out that 90 percent of the participants in the 61 studies were heterosexual. For sexual orientation to really have had a big impact on the results, the other 10 percent of the population would have had to have a disproportionately big effect.
Wallen points to a study his group published in that replicated its findings of differences in amygdala activation. Noori and his co-workers included the study in their meta-analysis, Wallen notes, but not the replication of those results. Noori says that he and his colleagues ran tests to see if adding in missing or overlooked data would have changed their results. Because the replication study Wallen cites involved only 13 people per group, he says, its inclusion would be unlikely to move the needle much on these latest results.
Hamann also points out that the smallest resolution Noori and his colleagues used in their brain measures would cover up to 20 percent of the amygdala. Lurking within this one fifth, he says, could be finer-grained brain differences that went undetected.
Pursuing such fine-grained resolution to achieve the final word on differences—or lack thereof—between the sexes appears to be daunting. She writes at the intersection of brain research and society. You have free article s left. Already a subscriber?
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