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"the consequences of this widespread belief that boys and men are constantly addled to the point of harm, is, of course, to punish girls and women"
And, because I ought to start with my own thoughts, I'm trying to weigh the unfairness to both the dentist and the dental assistant. What protected-class status should be given to looks? Should the dentist's attraction be considered a disability, and what accommodations are appropriate for ameliorating such a disability? Relatedly, when I think about the argument for telling the dentist to just control himself and deal with it, I get strong resonances with the notion of telling someone with depression to "just cheer up".
And, because I ought to start with my own thoughts, I'm trying to weigh the unfairness to both the dentist and the dental assistant. What protected-class status should be given to looks? Should the dentist's attraction be considered a disability, and what accommodations are appropriate for ameliorating such a disability? Relatedly, when I think about the argument for telling the dentist to just control himself and deal with it, I get strong resonances with the notion of telling someone with depression to "just cheer up".
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Date: 2013-07-22 05:23 pm (UTC)no subject
Date: 2013-07-22 05:27 pm (UTC)no subject
Date: 2013-07-23 04:24 am (UTC)no subject
Date: 2013-07-22 07:40 pm (UTC)no subject
Date: 2013-07-23 04:21 am (UTC)no subject
Date: 2013-07-22 11:00 pm (UTC)I think it would be hard to argue that uncontrollable attraction to one particular person truly reaches the level of a disability. Part of the definition of disability under the ADA that relates to employment is that the disability prevents one from holding not just one specific job but whole classes of jobs. In other words, being unable to be a concert pianest is not a disability, but lack of manual dexterity that precludes efficient typing, filing, playing the piano and packaging would be. This clause can (and has been) interpreted pretty narrowly by courts in terms of how classes of jobs are defined, but it seems a reasonable starting point.
I think that uncontrollable attraction to multiple people could potentially be impairing in such a way and to such an extent as to be considered a disability. Which brings one to the next step of asking if said person is otherwise qualified to do their job and if any reasonable accomodations can be made. And. . . I don't know. What if an attractive patient comes in and the dentist is unable to focus on her teeth or her cavities or diagnosing her oral cancer because of the irresistible nature of her clevage? Or am I catastrophizing here, which I hate when people do about disability, playing the "what if" game without looking for actual accommodations. Can the employer wear tinted glasses? Can they arrange for a third employee in the room when they have to interact? Can they put tools and charts on a tray between them to avoid having to hand things back and forth?
And another disability-related thought. This is all based on what someone (several someones?) were afraid might happen. While avoiding having an affair is certainly something to encourage, it all seems a bit theoretical. It's sort of like how people try to refuse to hire someone with a disability because they might need too many sick days, or might be too hard for customers to understand or might increase safety risks on the factory floor. And you aren't allowed to do that. At least, you aren't allowed to do that without credible evidence that the person's disability really does mean those things.
I'm not sure I have answers. And I agree that "just deal with it" is problematic. But I don't think the disability piece holds water under the current US legal realities.
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Date: 2013-07-22 11:57 pm (UTC)Of course, regardless of what his attraction "disability" means, fearing/assuming the possibility of an affair also takes all agency away from the woman.
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Date: 2013-07-23 12:04 am (UTC)There's a pretty big difference between "man harrasses woman" or "man is afraid he will harrass woman" or "man's wife is afraid he will harrass woman" which are about the power imbalance and "man and woman have affair."
Although if the man is the employer of the woman, the line between affair and harrassment would be - well I'm not sure where it would be.
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Date: 2013-07-23 02:05 am (UTC)This I can see: "If an employer repeatedly took adverse employment actions against persons of a particular gender, that would make it easier to infer that gender and not a relationship was a motivating factor. Here, however, it is not disputed that [the wife] objected to this particular relationship as it had developed after [the assistant] had already been working at the office for over ten years."
This I don't think I like: "[The assistant] also raises a serious point about sexual harassment. Given that sexual harassment is a violation of antidiscrimination law, [the assistant] argues that a firing by a boss to avoid committing sexual harassment should be treated similarly. But sexual harassment violates our civil rights laws because of the “hostile work environment” or “abusive atmosphere” that it has created for persons of the victim’s sex. ... On the other hand, an isolated decision to terminate an employee before such an environment arises, even if the reasons for termination are unjust, by definition does not bring about that atmosphere."
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Date: 2013-07-23 04:29 am (UTC)Have you developed an opinion as to whether the "widespread belief" of the above quote is a dangerous, false stereotype; a frank assessment of our current culture; or neither?
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Date: 2013-07-23 12:31 pm (UTC)no subject
Date: 2013-07-23 01:03 pm (UTC)