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Calling a man bald counts as sexual harassment, UK judge rules

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Re: Calling a man bald counts as sexual harassment, UK judge rules

#11
post #8
post #2

Another case of judges writing their own laws.

Isn’t that a feature of the british legal system?

It's a feature[a] of any common law legal system. It just has a less catchy name: precendent/case law.

[a]: Whether it's a feature to you or not doesn't change that it's a feature of the system

Re: Calling a man bald counts as sexual harassment, UK judge rules

#12

> a stupid bald c** and threatened to deck me The "harassment" part makes sense at least. > and it related to the claimant’s sex I'd have assumed "sexual" meant relating to sex (intercourse), rather than relating to sexes (male/female). I think the relevant act would be: https://www.legislation.gov.uk/ukpga/2010/15/section/26

> I'd have assumed "sexual" meant relating to sex (intercourse), rather than relating to sexes (male/female)

No, sexual harassment is any form of it that references the sexes (male/female), otherwise garden variety misogyny (e.g. "women are bad at X", "X is bad at Y, because she's a woman") wouldn't be considered sexual harassment.

Re: Calling a man bald counts as sexual harassment, UK judge rules

#13

> Finn claimed that he was called a “bald c---” and was also threatened by his shift supervisor, Jamie King, in a dispute in July 2019. Why does it need to be sexual harassment? It's obviously harassment either way.

It's sexual because it related to a prominent quality of one sex: badlness in men. If the genders were different and 'she' was called a 'skirted c---' it'd obviously be sexual harassment no?

Having something you can't change (or is part of your gender identity) be used as part of a harassing statement makes it worse than a usual insult.

Re: Calling a man bald counts as sexual harassment, UK judge rules

#14
post #10

2nd kings 2: 23 And he went up from thence unto Bethel: and as he was going up by the way, there came forth little children out of the city, and mocked him, and said unto him, Go up, thou bald head; go up, thou bald head. 24 And he turned back, and looked on them, and cursed them in the name of the LORD. And there came forth two she bears out of the wood, and tare forty and two children of them. So basically, "little…

Another way to view it, from the observations relayed, is that somebody was called "bald head" and they replied with a curse. Coincidentally, 42 children couldn't escape two rather quick bears. Correlation does not imply causation, right? :^)

https://xkcd.com/552/

Re: Calling a man bald counts as sexual harassment, UK judge rules

#15

> Finn claimed that he was called a “bald c---” and was also threatened by his shift supervisor, Jamie King, in a dispute in July 2019. Why does it need to be sexual harassment? It's obviously harassment either way.

It's sexual because it related to a prominent quality of one sex: badlness in men. If the genders were different and 'she' was called a 'skirted c---' it'd obviously be sexual harassment no? Having something you can't change (or is part of your gender identity) be used as part of a harassing statement makes it worse than a usual insult.

But alopecia, although affecting more men, also affect some women so it's not an exclusively male characteristic..

Re: Calling a man bald counts as sexual harassment, UK judge rules

#18

> a stupid bald c** and threatened to deck me The "harassment" part makes sense at least. > and it related to the claimant’s sex I'd have assumed "sexual" meant relating to sex (intercourse), rather than relating to sexes (male/female). I think the relevant act would be: https://www.legislation.gov.uk/ukpga/2010/15/section/26

> I'd have assumed "sexual" meant relating to sex (intercourse), rather than relating to sexes (male/female) No, sexual harassment is any form of it that references the sexes (male/female), otherwise garden variety misogyny (e.g. "women are bad at X", "X is bad at Y, because she's a woman") wouldn't be considered sexual harassment.

But "women are bad at X" is not 'sexual harassment'.

Misogyny is not identical to sexual harassment, they are two different things with some overlap.

EDIT: would downvoters (or downvoter + socks) like to explain their disagreement? I'm happy to be corrected.

Re: Calling a man bald counts as sexual harassment, UK judge rules

#19
post #8
post #2

Another case of judges writing their own laws.

Isn’t that a feature of the british legal system?

Judges are not meant to write laws. There is deciding a new precedent in the application of existing law. And then there's redefining 'sexual harassment' to mean whatever you want to get the same level of punishment for things you think deserve it.

Re: Calling a man bald counts as sexual harassment, UK judge rules

#20
post #15

Earlier quoted context omitted.

It's sexual because it related to a prominent quality of one sex: badlness in men. If the genders were different and 'she' was called a 'skirted c---' it'd obviously be sexual harassment no? Having something you can't change (or is part of your gender identity) be used as part of a harassing statement makes it worse than a usual insult.

But alopecia, although affecting more men, also affect some women so it's not an exclusively male characteristic..

Neither is wearing skirts or dresses. Some men wear them happily by choice, but it’s still seen predominantly as an expression of femininity. Social and legal rules aren’t built to be true without exception. Once as a thought experiment I tried to determine what characteristics you could use to say unequivocally someone is male or female and it proved to be impossible. There is an exception to everything, so it’s best just to ask or be told.
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