Commentary: Can Sexual Orientation Talk Spark Harassment Claim?

Summary


Problem: You walk past the break room and turn your ear toward the employees milling around the water cooler, hoping to pick up on the latest office buzz. And you hear: "They're always doing stuff like that. ... I just don't think homosexuals have the right to marry, and I don't care if they call them civil unions or not. ... I'm working on the campaign to get that law overturned during the next election."

You continue down the hall to your office and think about what you overheard. You know there's something wrong, but you can't put your finger on it. They weren't telling homophobic jokes, you think, and they weren't picking on gay employees. You recognize your employees often debate politics, and since same-sex marriage and civil unions are hot topics in Oregon you wonder whether you should even be concerned.

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Extract


Commentary: Can Sexual Orientation Talk Spark Harassment Claim?

Would I be concerned, you wonder, if they were debating the presidential candidates? No, of course not, you think, so you convince yourself that discussions abo...

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