Drowning doesn't look like drowning.

This is worth reading for anyone with kids or who plans to be near any water this summer.

Public Service Announcement: "Some men might feel that chivalry obligates a man to say yes, but the law does not."

Sorry, guys, but you can't use the excuse that you slept with your attractive female co-worker because it was required by law.

Issue: can a man ever view a sexual proposition from an attractive woman as "unwelcome"?

The trial court in Equal Employment Opportunity Commission v. Prospect Airport Services came pretty close to saying 'no.'

Apparently, Rudolpho Lamas, a recent widower, was propositioned by a married co-worker Sylvia Munoz. He said no and something about being in mourning and his Christian convictions and the fact that she was married. She persisted in her pursuit of this poor guy for months and eventually enlisted fellow workers in a campaign of calling Lamas homosexual. The company took no steps to protect Lamas.

The district court granted Prospect's motion for summary judgment .⁷² The district court concluded that as a matter of law Munoz's conduct was not severe and pervasive enough to amount to sexual harassment objectively for a reasonable man, noting that “Lamas admits that most men in his circumstances would have ‘welcomed’ the behavior he alleged was discriminatory, but that due to his Christian background he was ‘embarrassed.’ “⁷³ The court emphasized that Lamas had never filed a written complaint, and management had told Munoz that her behavior was inappropriate.

Because, obviously, only a crazy Christian with Christian "issues," or gay guy, would pass up on an opportunity to commit adultery with an attractive woman.

The Court of Appeals disagreed:

It would not make sense to try to treat welcomeness as objective, because whether one person welcomes another's sexual proposition depends on the invitee's individual circumstances and feelings. Title VII is not a beauty contest, and even if Munoz looks like Marilyn Monroe, Lamas might not want to have sex with her, for all sorts of possible reasons. He might feel that fornication is wrong, and that adultery is wrong as is supported by his remark about being a Christian. He might fear her husband. He might fear a sexual harassment complaint or other accusation if her feelings about him changed. He might fear complication in his workday. He might fear that his preoccupation with his deceased wife would take any pleasure out of it. He might just not be attracted to her. He may fear eighteen years of child support payments. He might feel that something was mentally off about a woman that sexually aggressive toward him. Some men might feel that chivalry obligates a man to say yes, but the law does not.

Actually, that is a pretty comprehensive list of reasons to avoid having sex.

Also, note how the Court dates itself by using "Marilyn Monroe" as the standard unit if female sexual allure. I was explainin the case to my secretary and restrained my impulse to use "Farah Fawcett" as an example.  I tried to reach for someone more current and went blank. 

So, who is the contemporary "Marilyn Monroe"?

Public Service Announcement.

A useful tip if you see one of these and you're - ah - "carrying" is not to do what you think you should do.

Let's get into that Curling action!

I did not know that women curlers - as in the Olympic Sport, not the appliance - were such, well, babes. This calendar makes me want to take an interest in this dynamic and nuanced sport, which will certainly approach the popularity of beach Volleyball in no time.


File under "Public Service Announcement."