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Dachsie
14th April 2022, 05:34 AM
Tom's Newsletter

Girls with a Penis and Sexual Harassment (https://tomrenz.substack.com/p/girls-with-a-penis-and-sexual-harassment?token=eyJ1c2VyX2lkIjoxNTQ2OTYzLCJwb3N0X 2lkIjo1MjExMDIyOSwiXyI6IjhDTjRuIiwiaWF0IjoxNjQ5OTM 5MTc1LCJleHAiOjE2NDk5NDI3NzUsImlzcyI6InB1Yi03OTI4M TMiLCJzdWIiOiJwb3N0LXJlYWN0aW9uIn0.NOhYJqzsJH50JKW j56mhWnBpmM28ezYfgqs56_JlbIY&s=r)

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What do we do under the law?

Tom Renz
13 hr ago April 14, 2022

For those that do not know I am an attorney. As an attorney, one of the issues I see a lot of materials on is sexual harassment in the workplace. The Ohio Bar Association explains sexual harassment to be:

Sexual harassment is severe or pervasive conduct that can take many forms, including unwelcome sexual advances, requests for sexual favors and inappropriate sexual comments or references. Often, sexual harassment is physical, verbal or visual, and involves an express or implied expectation that harassing actions must be tolerated in order to get or keep a job. Such an expectation also may be considered "sexual harassment" when used to make employment decisions (e.g., giving raises or promotions), or when inappropriate sexual behavior creates a hostile or intimidating work environment.

Given this broad definition, particularly the part about the hostile or intimidating work environment, I have a rhetorical question: If the workplace is not a place for sexual advances and innuendos (which I agree with), how do you handle someone with a penis using the women’s restroom and wearing a “little black dress” to work? This particularly in light of the fact that if you bring up your discomfort with such a situation it could be viewed as discriminatory thus exacerbating the hostile environment.

This all came up after an interview I did with a Disney employee. He had mentioned that some employees felt uncomfortable when a person with a beard wearing a leopard print dress used the women’s restroom. In a situation such as that, it seems to me the law is going to struggle. Does the person who has the penis but wears a dress have the greater right to use the girl’s bathroom or does the actual woman who is uncomfortable?

I also think we should also ask the same question in reverse. What happens when a person without a penis walks in and attempts to use the men’s urinal (I’m not sure about the logistics of that)? Would that environment be considered hostile? What if the person that has a penis and is using the men’s restroom is uncomfortable? What if he is intimidated?

The real question is, what do we do when any of these people feel harassed? Will this properly be viewed as harassment or should we view the person being harassed as someone that is transphobic? Is it transphobic to not want a person with a penis in the girls restroom with you?

There is a lot more to consider here - like how to explain to your 4 year old daughter why the Disney princess has a beard - but these are now actually becoming legitimate questions under the law. Sexual harassment law has developed a lot over the last decade or two but has apparently become outdated overnight. Generally, the law has asked that people keep sex out of work but how do you do that when someone defines their entire existence based on sex and sexuality? We spent the last two decades learning that sex needs to stay a million miles from the workplace but now we are doing everything possible to find ways to bring it back. I am more than a bit baffled by this and think the law will be too but look forward to the law review article that explains this all to me.


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ziero0
14th April 2022, 05:56 AM
I believe if you are an attorney and wear a "little black dress" to the Ladies room when "Dick" (or Willy) appears you should be disarmed (and disbarred). Unless of course you are a judge in which case you should be nominated to the Supreme Court.

The reason is called Grammar. Had it been called the Skank room you should be welcomed. Ladies though need a place to rest.