casual obsever wrote:
rekrunner wrote:
Nor has Cain alleged Salazar any sexual misconduct towards her in her lawsuit.
Incorrect as per usual. See 31o:
failing to abstain from sexual harassment which includes engaging in deliberate or repeated sexually-oriented comments
Not quite. 31o is not really allegation of sexual misconduct “towards Cain”.
Paragraph 31, is part of “Count One — Negligence” under a “Claim For Relief” arising from a duty created by a “Special Relationship”, and is an allegation of negligence, breaching a duty of care, and creating a risk of harm.
Furthermore, 31o doesn’t indicate whom the alleged failure to abstain from sexual harassment including deliberate or repeated sexually oriented-comments was directed towards.
According to the Oregon state bar:
“Sexual harassment is a form of discrimination prohibited in the workplace under both Oregon law and federal law.”
If sexual harassment, prohibited by both state and federal law, were truly an allegation of the lawsuit, it seems like it would have more prominence and specificity, than appearing as the fifteenth bullet o) under a Count of Negligence under a Claim for Relief under a Special Relationship, without specifying who was harassed, or the subject of the sexually oriented comments.
Even better, for victims of sexual harassment in the workplace, the Oregon state bar advises filing a federal claim with the Equal Employment Opportunity Commission (EEOC), or filing a complaint with the state BOLI Civil Rights Division.
The only explicit mention of sexual misconduct in the lawsuit involved another athlete.
I don’t see comments about excess weight in the scope of achieving high performance as sexually oriented, nor as sexual harassment.
Maybe there is another incident, or other comments, not mentioned in the lawsuit.