Word: genderism
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...market, two-dimensional" image of women that they enjoy purely for aesthetic reasons and the world of "three-dimensional women," I am not convinced that everyone is adept at distinguishing the media image of women from the real image of women. The tendency to view members of a particular gender as objects in the imagined world can easily filter into the "real world" causing a situation where those objectified by the media are viewed solely as ornamental objects...
...touching--amounted to discrimination. That decision was seen as an advance for women suffering abuse from lecherous bosses and co-workers, and indeed nearly 9 of every 10 sexual harassment claims are brought by women. But Scalia last week pointed out that the law has always been gender-blind: "Sexual harassment of any kind," he wrote, is illegal...
Oncale will have to convince a jury that he was discriminated against "because of" his gender. That's what the Civil Rights Act says. Scalia noted that behavior with mere "sexual content" isn't necessarily illegal. There's no law against acting like a sex-crazed boor--so long as one acts that way to men and women alike. The court isn't creating any "general civility code," Scalia noted...
Having said what it doesn't mean, however, the high court left wide open what it does mean to discriminate "because of" gender. A lower court had held that male-on-male harassment counts as discrimination only if the harasser is gay, since the gay harasser is clearly choosing his victim because of his gender. And Scalia agreed that homosexuality could be contributing evidence. This part of the ruling could lead to investigations that "out" accused harassers to prove discrimination...
...homosexuality is not the only factor, the Justice said. Same-sex bias might spring from "general hostility" to one's own gender. And motivations aside, it's enough to show that the accused "treated members of both sexes in a mixed-sex workplace" differently. Says UCLA law professor Eugene Volokh: "If you can show that they would never do this sort of thing to a woman, that's enough...