Sexual Harassment at the Gym..

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  • ellew70
    ellew70 Posts: 222 Member
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    So as a legal matter, I don't think it's sexual harassment. It's tacky, tasteless, rude, disgusting and lots of other stuff, but not legally sexual harassment. The reason is you have to duty not to discriminate on the basis of sex before you can violate it. You don't have that general duty in your normal life. Title VII of the Civil Rights Act makes sex discrimination in the workplace between employers and employees illegal, but that doesn't extend beyond the employment relationship: From the EEOC's website, which has the act:

    (a) Employer practices

    It shall be an unlawful employment practice for an employer -


    (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

    (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

    (b) Employment agency practices

    It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.


    Creating a hostile work environment is a form of sex discrimination, but it wouldn't apply to a patron under this act.

    In general, federal law doesn't prohibit sex discrimination in public accomodations, but many state do. It would then be a question of whether creating a hostile environment for women rose to the level of sex discrimination in offering a public accommodation. Overhearing an isolated conversation might be hard to prove in that regard.
  • halobender
    halobender Posts: 780 Member
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    Oh my god what in the hell is wrong with some of you people.

    All right, just to clear it up right now: It was a stupid conversation between some guys who were being stupid guys. We're guys! We'll say stupid **** when we're around one another and we probably won't really concern ourselves too much with what anyone else thinks. I mean, personally I always try to keep conversations that might be construed as lewd either low volume or just not at all. Like I had a friend who was trying to tell me about the girls he was banging and personally I just don't want to hear about it. I mean, I don't want to think of my buddy getting laid, it's weird. And that's what I tell him, but I just laugh it off and say "Please don't tell me about all these chicks you're banging, that's super weird."

    On the other end of the spectrum I was at a bar a few weeks ago and I had just met this dude who had gotten out of the marines a few years ago and he was telling me a little about Afghanistan. We went to another bar after the first one closed down and we're sitting at the bar, drinking and he's talking about how he got his two purple hearts. They weren't graphic stories, but some dude tries to hush us and tell us that he "doesn't want to hear that" and so we were understandably irritated and kinda ignored him.

    So some conversations, even if you don't like them, can be told anyway. That conversation the OP overheard doesn't sound like one I would have wanted to be involved with.

    But people who are trying to make this out to be sexual harassment—or harassment of any kind!—are, and I'm sorry to say this, contributing to the decline of society as a whole. You don't have to be involved. If they're really being especially loud stand up for yourself and tell them you're not into it. Honestly their conversation would have annoyed me, too. But that's what it is, annoying, rude, gross, stupid, but it's not harassing. Not unless you say "dude, this is not an OK conversation" and then they make a point of being louder. I've had that happen, too. It sucks. It's obnoxious as ****, but then I just complain to management. I make a point of letting them know I won't spend money there anymore and almost always they're on my side. Sometimes they say "Sorry to lose you." Other times they don't care enough to say that. But that's the thing: if you're not working there, you don't have to be there. At all. Make your argument and get let out of your contract early if you feel *that* uncomfortable. And I like knowing where I should and should not spend my money in the first place. And I like not giving my money to people who are jerks.

    But, again, it just sounds like these guys are obnoxious dudes, and there are a million-billion of those.
  • DavPul
    DavPul Posts: 61,406 Member
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    Oh my god what in the hell is wrong with some of you people.

    All right, just to clear it up right now: It was a stupid conversation between some guys who were being stupid guys. We're guys! We'll say stupid **** when we're around one another and we probably won't really concern ourselves too much with what anyone else thinks. I mean, personally I always try to keep conversations that might be construed as lewd either low volume or just not at all. Like I had a friend who was trying to tell me about the girls he was banging and personally I just don't want to hear about it. I mean, I don't want to think of my buddy getting laid, it's weird. And that's what I tell him, but I just laugh it off and say "Please don't tell me about all these chicks you're banging, that's super weird."

    On the other end of the spectrum I was at a bar a few weeks ago and I had just met this dude who had gotten out of the marines a few years ago and he was telling me a little about Afghanistan. We went to another bar after the first one closed down and we're sitting at the bar, drinking and he's talking about how he got his two purple hearts. They weren't graphic stories, but some dude tries to hush us and tell us that he "doesn't want to hear that" and so we were understandably irritated and kinda ignored him.

    So some conversations, even if you don't like them, can be told anyway. That conversation the OP overheard doesn't sound like one I would have wanted to be involved with.

    But people who are trying to make this out to be sexual harassment—or harassment of any kind!—are, and I'm sorry to say this, contributing to the decline of society as a whole. You don't have to be involved. If they're really being especially loud stand up for yourself and tell them you're not into it. Honestly their conversation would have annoyed me, too. But that's what it is, annoying, rude, gross, stupid, but it's not harassing. Not unless you say "dude, this is not an OK conversation" and then they make a point of being louder. I've had that happen, too. It sucks. It's obnoxious as ****, but then I just complain to management. I make a point of letting them know I won't spend money there anymore and almost always they're on my side. Sometimes they say "Sorry to lose you." Other times they don't care enough to say that. But that's the thing: if you're not working there, you don't have to be there. At all. Make your argument and get let out of your contract early if you feel *that* uncomfortable. And I like knowing where I should and should not spend my money in the first place. And I like not giving my money to people who are jerks.

    But, again, it just sounds like these guys are obnoxious dudes, and there are a million-billion of those.

    It's okay, the OP just wants to get toned
  • halobender
    halobender Posts: 780 Member
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    I don't even know what the hell that's supposed to mean. Are you just getting off by being unhelpful? I mean, 16k posts in two years, maybe, huh?

    e; not that I'm any better, I've got 738 posts of just being an unhelpful jerk, so whatever.
  • DavPul
    DavPul Posts: 61,406 Member
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    Tell me the proper post to year ratio and I'll recalibrate my goals
  • KoopaSix
    KoopaSix Posts: 252 Member
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    I swallowed my own tongue once
  • halobender
    halobender Posts: 780 Member
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    Tell me the proper post to year ratio and I'll recalibrate my goals
    Either more than 10,000 or less than 20. Nothing in between. Anything in between is socialism.
  • jofjltncb6
    jofjltncb6 Posts: 34,415 Member
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    Tell me the proper post to year ratio and I'll recalibrate my goals
    Either more than 10,000 or less than 20. Nothing in between. Anything in between is socialism.

    Socialist.
  • halobender
    halobender Posts: 780 Member
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    I used to be a socialist ... till Obama got re-elected, then I learned my lesson.
  • rml_16
    rml_16 Posts: 16,414 Member
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    well god forbid anybody not like all Americans. because it's not like we Americans ever make blanket statements putting down people from other places. damned foreigners with their stooopid metric system and all.
    I don't do that and if I hear someone else do it, I call that person on it.

    What is that saying about two wrongs not making a right?
  • DavPul
    DavPul Posts: 61,406 Member
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    I believe the saying is "It just doesn't matter". People can have opinions. This opinions are allowed to be things I don't like. Things such as "Americans are weird" or "davpul is an *kitten*". It's okay.

    But it's a damn strange world when people are allowed to get oh so offended by words like "you're strange" but not allowed to be offended by dirty locker room talk in a public place while surrounded by mixed company.
  • DYELB
    DYELB Posts: 7,407 Member
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    davpul is an *kitten*
  • somefitsomefat
    somefitsomefat Posts: 445 Member
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    I know everyone likes to make a big thing out of anything sexually related (seriously, grow up America) but let's put this in perspective. You had one bad experience, not even directly related to you, in one year. Finish out your contract and leave if you think you can't move on (but seriously, try to move on). However, if it really bothered you THAT much have a conversation with the manager about how you were offended. I'd say there's a fair chance he'll be apologetic. If not at least you said your piece and got things off your chest.
  • DavPul
    DavPul Posts: 61,406 Member
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    davpul is an *kitten*

    That's not an opinion.
  • rml_16
    rml_16 Posts: 16,414 Member
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    I believe the saying is "It just doesn't matter". People can have opinions. This opinions are allowed to be things I don't like. Things such as "Americans are weird" or "davpul is an *kitten*". It's okay.

    But it's a damn strange world when people are allowed to get oh so offended by words like "you're strange" but not allowed to be offended by dirty locker room talk in a public place while surrounded by mixed company.
    The funny thing about people being allowed opinions is that it works in both ways.

    No one is saying she can't be offended by what she heard -- NO ONE said that. We're just pointing out that sometimes you're going to hear things you don't like. Throwing a temper tantrum every time someone mentions sex in your earshot isn't particularly productive. It's one thing to vent about it or even to ask them to maybe consider taking such talk to a more private place. It's another to want to quit the gym and fire your trainer (who had nothing to do with it in the first place) and call it sexual harrassment.

    What the other poster did was generalize negatively about a nation of 300 million individuals. Calling it a generalization is not incorrect. Calling what the OP experienced sexual harrassment is incorrect.
  • DavPul
    DavPul Posts: 61,406 Member
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    The OP threw a temper tantrum?

    Lololololol
  • rml_16
    rml_16 Posts: 16,414 Member
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    The OP threw a temper tantrum?

    Lololololol
    Firing one's trainer and quitting a gym at which you've been otherwise happy is throwing a temper tantrum.
  • DavPul
    DavPul Posts: 61,406 Member
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    TIL that exercising your right as a consumer to spend your money as you see fit is a tantamount to throwing a temper tantrum.

    Yesterday I learned that if you're a woman that you shouldn't have any expectation of people being polite around you and that you're a whiny ninny if you even think of asking them to lower their voices. It's a man's world, so suck it up, buttercup.

    Yesterday I learned that although women have to butch UP and turn up the volume on their headphones, Americans can whine about any slight and be perfectly justified because, MURICA.

    Last week I learned that even though it's a man's world and women have no right to expect common courtesy, if a man appears on the same public street as a woman, he's "following" her, and the police need to be immediately notified.
  • jackpotclown
    jackpotclown Posts: 3,291 Member
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    The OP threw a temper tantrum?

    Lololololol
    Firing one's trainer and quitting a gym at which you've been otherwise happy is throwing a temper tantrum.
    agreed \m/
  • halobender
    halobender Posts: 780 Member
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    Yo, davpul, I think you might have chauvinism down. Though I'm not really sure you'll get it. Sorry, bro.