scholarly journals Reasonableness in Hostile Work Environment Cases After #MeToo

Author(s):  
Danielle Bernstein

The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the credibility of the survivor. But this upending of the status quo has occurred almost entirely in the social sphere—and the legal system, where survivors of workplace sexual harassment can seek remedies for the abuse they have suffered, is proving much slower to adapt. While our social presumptions are flipping to center the behavior of the accused instead of the accuser, the legal standard for workplace sexual harassment still focuses squarely on the victim’s reasonableness. In order to bring a legally actionable claim of sexual harassment, a victim must demonstrate that she was objectively and subjectively reasonable in believing that she was subjected to sexual harassment. Even if she succeeds in demonstrating this, if her employer had mechanisms in place to address sexual harassment, she must also demonstrate that her response to her harassment— such as reporting or not reporting the harassment through an employer’s complaint process—was reasonable. This Comment analyzes the effects of the #MeToo movement on federal courts’ definitions of sexual harassment under the existing legal standard. Since reasonableness is a socially-defined term, courts have plenty of room to incorporate shifting conceptions of sexual harassment into their jurisprudence—but many are remarkably slow to do so. While it is too soon to state definitively what effect #MeToo will have on sexual harassment law in the long run, this Comment should leave practitioners and scholars with a clearer picture of the direction circuit courts have taken since #MeToo began.

2016 ◽  
Vol 26 (5) ◽  
pp. 460-472 ◽  
Author(s):  
Thomas Prosser

The recent centralization of European economic governance raises the question of parallel developments in European social policy. On the basis of an examination of the case of the European social dialogue, the propensity of ‘spill-over’ theories to explain developments in the social sphere is considered. The following three potential future trajectories for the dialogue are reviewed: the possibility of the dialogue (1) becoming broader and more redistributive, (2) becoming a means of European Union (EU)-level wage control or (3) remaining in its current form. It is concluded that the status quo is likely to endure and that such a development threatens the integrity of spill-over theories and raises the issue of the dialogue’s utility to European trade unions.


Author(s):  
Adam Wray

Darren O’Donnell (b. 1965) is a writer, director, actor, playwright, and designer, and the artistic director of the highly decorated Mammalian Diving Reflex. My study is focused on his work in social acupuncture, outlined in his Social Acupuncture: A guide to suicide, performance, and utopia (2006). Social acupuncture is a style of theatre/performance art that “blurs the line between art and life,”impelling people to come together in unusual ways and tap into the power of the social sphere. With social acupuncture, O’Donnell and Mammalian Diving Reflex are striving to create an aesthetic of civic engagement: an avenue through which social edifices like public space, schools, and the media can be used as the armature for the mounting of work that “takes modest glances at simple power dynamics and, for a moment, provides a glimpse of other possibilities.” Mammalian Diving Reflex began their exploration of the form in the summer of 2003 with The Talking Creature, and since then have devised and performed almost two‐ dozen similar “needles” worldwide.Social acupuncture warrants examination not only from a socio‐ political perspective, but through a theatrical lens, as well. It probes the relationship between audience and performer, raises questions about theatre’s ability to keep up with other media in the digital age, and offers tremendous insight into the potential for positive, fruitful intersections between art and civil society.  My project will include theoretical examination of O’Donnell’s work, as well as practical exploration of the form’s potential.


2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Laura Bokenchina

The author researchers the social sphere consisting of the branches’ set creating various products in the form of non-material and material services which finally provide inquiries of the society in Kazakhstan that comes to be very important and authentic for the current matter of fact for this country. Transformations associated with the transition to the market economy caused a sharp decline in the rural population of life quality. In the context of transformational recession social services in the rural areas for a long time operated on prevailing conditions in the planned economy assets, resulting in the quality of its services significantly decreased.At the same time, the social sphere of urban economy is largely felt the benefits of the economic growth and participation in the reconstruction of this sector and took the largest system of corporation, especially in the status of city-companies within the social responsibility of business and regional agreements of social partnership.


2017 ◽  
Vol 23 (1) ◽  
pp. 44-69 ◽  
Author(s):  
Doron Shultziner ◽  
Aya Shoshan

The Social Justice Protest movement in 2011 was the largest social movement in Israel’s history. The movement received media coverage for almost two months and in all news outlets, despite the protest’s broad demands and its overall radical indictment against the economic system and the status quo. This study explores the causes for this extraordinary media coverage. We find that movement characteristics of the leadership’s professional background, the media strategies they employed, and the effects of mainstream channels on media tactics were important. We also find that journalists’ personal identification with the movement is a key factor leading to the wide and favorable media coverage. Personal identification led many journalists to report favorably on the movement and write supportive opinion columns, to ignore stories that could damage it, to participate and volunteer in movement activities, and to offer their professional skills to help the movement leadership. We propose a tentative model consisting of factors and mechanisms that may explain when personal identification and journalistic activism are more likely to occur.


2015 ◽  
Vol 3 (2) ◽  
pp. 169-193 ◽  
Author(s):  
Elizabet Arocena Egaña ◽  
Jasone Cenoz ◽  
Durk Gorter

In this article we analyze teachers’ beliefs about learning different languages in multilingual education, which include forms of immersion in the minority and the majority languages. In this study interviews were held with 51 primary school teachers from the Basque Country (Spain), and Friesland (The Netherlands). In both regions three languages are taught: majority, minority and English. Based on the teachers’ views we obtain interesting insights into the native speaker ideal, pupils as multilingual speakers, and the proficiency levels for each language. The teachers also expressed their ideas on teaching through the minority language and through English, as well as their beliefs on cross-linguistic use of languages and how that is related to the multilingual repertoire. The social context is believed to have an important influence through the parents, the media, and the status of the languages in society. The article concludes that beliefs are still largely monolingual and seem to only gradually change to more multilingual views.


Author(s):  
Tatiana Vladimirova ◽  
Valentina Slavina

The article raises the problems of modern journalism, denotes such concepts as mass communication, media, media criticism. In the authors' opinion, media criticism is an invitation to the reader to a discussion, an open conversation, an appeal to pressing socio-political problems, publication of an alternative opinion that is necessary for any free society. Media criticism acts as a science, where both analysis, synthesis and forecast are present. The social importance of media criticism is underlined. It is noted that mass media criticism is no less important than professional media criticism. According to the authors, non-professionals in journalism can act from critical positions and are quite professional in relation to the media, for example, sociologists, economists, politicians. The authors analyze the current state of critical analytics in various media and communication. In detail, the research is undertaken with respect to the journal «Journalist» and «Novaya Gazeta», which present various aspects of media analysis. The authors tried to find out what has changed in journalism over the past few years? What is the status of journalistic criticism today? On the basis of the analysis, conclusions were drawn that the publications in «Novaya Gazeta» can be attributed to professional criticism, since the authors themselves are a representative of the journalistic profession. On the other hand, the media criticism of «Novaya Gazeta» can be called mass, since it is addressed to civil society. An example of professional criticism is, with full justification, the publications of the journal «Journalist», since academic criticism presupposes a scientific analysis based on theoretical comprehension, the ability to correlate social problems with their reflection in media products.


2020 ◽  
Vol 11 (6) ◽  
pp. 71-79
Author(s):  
L.P. Maslova ◽  

The study of deviations from social norms is particularly relevant in modern social conditions, when significant reforms are being implemented in the field of politics, economy and social sphere, accompanied by significant changes in the level and quality of life of the population. The topic is also sharpened by the speed of globalization, as a result of which inequality between different social groups, including age groups, is growing. The most difficult situation in such transitional periods of development of society is the youth, whose worldview is in the process of formation, and the unformed value system of the transforming society can not provide the necessary social guidelines for behaviour.
The article shows the attitude of Kazan students to alcohol and Smoking on the basis of theoretical justification and author's empirical research. Based on the theoretical analysis of the works of representatives of the sociopsychological paradigm (Z. Freud, A. Adler, E. Fromm, K. Horney), it is shown that deviations are the result of negative family experiences and mental traumas of childhood. According to the sociological theories Of E. Giddens, J. Massionis, And N. Smelser, deviations arise primarily under the influence of social factors: the influence of the media, fashion, and others . Based on an empirical study of University students in Kazan-a sample of 400 people, representatives of various universities, it was found that a significant part of the respondents drink alcohol, smoke cigarettes. The survey data shows that the older the respondents, the more of them drink alcohol, and younger age groups tend to hold opinions about the complete exclusion of alcohol from use. This indicates the stressful factors of the social environment, the emergence of alcohol and Smoking habits, and the influence of the social environment.


2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Y. Agus Tridiatno

Abstract: Information delivered by the media makes the people to communicate each other focus on that information. In the long run, communication about the same object between the people will construct a certain community characterized by the ideology of the media. In this sense, communication media plays its role constructing a community. Besides, communication media can also present the social reality only. It does not build a community, but just portraits it. Newspaper can build a certain community with information published in it. But it can just portrait the social reality of its readers. Kedaulatan Rakyat, the oldest newspaper in Indonesia, of course plays the functions above. It builds a community of the readers or just portraits the social reality of society. This paper describes moral problems of the people portrayed by Kedaulatan Rakyat especially its “Kasus” page. Economic moral cases stays in the first rank among others. The age of 26 up to 45 years’ invidious is critical ages for doing immoral acts.


2020 ◽  
Vol V (IV) ◽  
pp. 22-33
Author(s):  
Ambreen Javed ◽  
Sarwet Rasul

Pakistan is a multilingual community where individuals communicate in more than one language for everyday communication. Literacy practices of young children in schools reflect the literacy practices of the broader social community. Same is the case with the use of literacy practices at homes. The data is collected by answering questions in questionnaires that are answered by the parents. The collected data is from three different social strata of society. The current study analyzes the literacy practices of young children at homes and the way they are associated with the broader social and cultural context. This includes the linguistic and literacy practices of young children during their playtime, their interaction with the members of the family and their exposure to the media and technology. These multilingual literacy practices that are practised at the homes constitute the social and linguistic identity of the individuals in the long run.


2020 ◽  
Vol 117 (6) ◽  
pp. 218-223
Author(s):  
Evgeny A. Ermolin ◽  

Intensive information exchange and effective levers of horizontal democracy problematize the status of a journalist. The line between the audience and the producers of information is blurred. Non-traditional media projects are based on collaboration and dialogue. Media participation occurs when a person develops public activism and seeks to express himself publicly. In the article, such active people are defined as a trans-audience, and the new author is defined as a mediaprosumer. A journalist who is concerned with professional success finds himself as a blogger in the modern media situation. The blogger's online identity unfolds in a multi-vector way. The potential for dialogue inherent in posting as it is (the author's blog posts) is revealed during communication in the social network about the post. The concept of comment-communication is introduced, which is a system of dialogues and polylogues of different duration on different comment branches and often significantly transforms and develops the original topics of the post. When posting/comment-communication occurs situational interaction of a unique nature. The commentator personally addresses the author of the post, and the author personifies his response based on his understanding of the media network personality of this commentator. The two network dialog partners are mutually configured and integrated into each other. The number of such dialogical (and quite often polylogical, with the participation of several interlocutors) duels for one blogger is unlimited, except for his desire and the degree of professional self-mobilisation. On the other hand, the potential of a dialogue between different commenters is also realized in comment-communication, which does not always depend on the author of the post – the blog owner. The productivity of a dialogue is usually associated with the readiness and ability to adjust to each other. Many important meanings are revealed in the mode of personalized communication. The situation of network communication makes one of the central themes in personalistic thinking relevant – the problem of the Other. A blogger-journalist has a chance to acquire not only a resource of trust from the trans-audience that develops around his blog, but also a new quality of his online personality. In the online comment dialog, many mediaprosumer rediscover their own identity.


Sign in / Sign up

Export Citation Format

Share Document