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(Ann Speaking) | ||||||
MAIN PATH: Dee | |||||||
You're not being fair, Dee. This isn't about creating a pleasant
environment. But there is legal precedent concerning a hostile
environment. In cases concerning sexual harassment on the
job, courts have held that Title VII of the 1964 Civil Rights
Act forbids conduct that creates a "discriminatorily hostile
or abusive environment." The conduct must be of a kind that
a reasonable person would find hostile or abusive.
The Court ruled that a hostile environment need not be so severe
that it seriously affects the psychological well-being of employees.
It is sufficient that it "can and often will detract from
employees' job performance, discourage employees from remaining
on the job, or keep them from advancing in their careers."
I think the university could make a similar argument for the university setting. Hate speech can create a hostile environment that violates the Civil Rights Act.
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