
In the next few days and weeks we’re gonna find out more about Herman Cain than we ever wanted to know. I have no idea how this will turn out. Actually I have several ideas but I don’t know which one will turn out to be correct.
But let’s start by taking a closer look at what he is accused of:
During Herman Cain’s tenure as the head of the National Restaurant Association in the 1990s, at least two female employees complained to colleagues and senior association officials about inappropriate behavior by Cain, ultimately leaving their jobs at the trade group, multiple sources confirm to POLITICO.
The women complained of sexually suggestive behavior by Cain that made them angry and uncomfortable, the sources said, and they signed agreements with the restaurant group that gave them financial payouts to leave the association. The agreements also included language that bars the women from talking about their departures.
[...]
The sources — which include the recollections of close associates and other documentation — describe episodes that left the women upset and offended. These incidents include conversations allegedly filled with innuendo or personal questions of a sexually suggestive nature, taking place at hotels during conferences, at other officially sanctioned restaurant association events and at the association’s offices. There were also descriptions of physical gestures that were not overtly sexual but that made women who experienced or witnessed them uncomfortable and that they regarded as improper in a professional relationship.
First let’s parse some language:
“at least two female employees“
There are two women involved. If Politico knew about more than two they would have said so. But were these two completely separate cases or one case involving two women?
“multiple sources“
More than one. Possibly as few as two.
“ultimately leaving their jobs . . . gave them financial payouts to leave the association“
Read that carefully. It DOES NOT say they quit because they were sexually harassed or that they were paid to settle claims of sexual harassment.
“The sources — which include the recollections of close associates and other documentation“
That doesn’t say the sources had direct knowledge. Is it two friends and a note?
Now here’s the key part:
These incidents include conversations allegedly filled with innuendo or personal questions of a sexually suggestive nature, taking place at hotels during conferences, at other officially sanctioned restaurant association events and at the association’s offices. There were also descriptions of physical gestures that were not overtly sexual but that made women who experienced or witnessed them uncomfortable and that they regarded as improper in a professional relationship.
No groping, no sex, no unwanted sexual advances, no “quid pro quo.” That means we’re talking about “hostile work environment.”
In order to win a HWE case a plaintiff must show “that the harassment affected a term, condition, or privilege of employment in that it was sufficiently severe or pervasive to alter the condition of the victim’s employment and create an abusive working environment”. The standard would be that of a reasonable person of the same sex. Cases like that are tough to win.
Without more specifics we could speculate endlessly about what Cain might have said or done. Just because the women were “upset and offended” does not mean their reactions were reasonable.
Last but not least:
There were also descriptions of physical gestures that were not overtly sexual but that made women who experienced or witnessed them uncomfortable and that they regarded as improper in a professional relationship.
What the fuck does that mean? Ball scratching?
Seriously, can someone give me an example?
Filed under: Uncategorized | 25 Comments »