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Is it sexual harassment if there is no employment?

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stew1

Junior Member
What is the name of your state? CA

I run an internet forum where there are allegations of sexual harrassment between some of the forum's moderators. I personally am neither accusor nor accused. There is no employment, as every moderator is a volunteer and gets no compensation from me. Let's suppose that the conduct would be considered sexual harassment had it occurred in the workplace. Would that conduct be considered sexual harassment here? I would consider them to be morally equivalent, but does the law consider them legally equivalent?

Related question: I am located in California, but the people involved are located around the country. Whose state laws would prevail? Does only federal law apply?

Follow-up question: If it turns out that this is morally equivalent to sexual harassment, but is not legally sexual harassment (presumably because sexual harassment laws only apply to employment and moderating an internet forum does not constitute employment), then would those characterizing the conduct as sexual harassment then be liable for libel (and perhaps slander if repeated on the phone)?
 


justalayman

Senior Member
sexual harassment n. unwanted sexual approaches (including touching, feeling, groping) and/or repeated unpleasant, degrading and/or sexist remarks directed toward an employee with the implied suggestion that the target's employment status, promotion or favorable treatment depend upon a positive response and/or "cooperation." Sexual harassment is a private nuisance, unfair labor practice, or, in some states, a civil wrong (tort) which may be the basis for a lawsuit against the individual who made the advances and against the employer who did not take steps to halt the harassment. A legal secretary recently won an award of more than $3 million against a prominent law firm for not controlling a partner notorious for his sexual harassment of female employees
Does it sound as it is sexual harassment in the workplace.

Now one can be sexually harrassed but it not be a legally actionable employment isssue. If the harrassed feels it is sexual harassment then they are speaking the truth, or at least thier opinion. Nothing slanderous about that.
 

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