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The distinction I would make there however is that in a sexual harassment situation you are dealing with the conduct of your employer- or someone at the site of your employer.
So there is a presumed situation where the recipient of the harassment is pressured to endure it unfairly or risk losing a job or otherwise being handled inequitably in the future at work (promotions, raises etc.)
I am not an attorney- so anyone who is tell me if I am wrong, but I would think the following is true,
1. Your boss/coworker comes up to you and says "nice ass"! You have a lawsuit.
2. A random person on the street walks by and says "nice ass"! You don't have a lawsuit (at least to my knowledge.)
That is how I would support Alpha Sig Scott's contention.
But then again, these guys who attended the concert paid money to attend and would certainly have certain rights on those grounds.
I could see them getting their money back, and maybe incidental expenses if they had hired babysitters for children etc.- but is there any legal precedent under which they could sue for punitive damages?
EDIT- now that I think about it more,
If a person is stopped in a department store for shoplifting without documented probable cause (ie video)- that is one hell of a good lawsuit, even if they did actually steal something, in part because of public humiliation.
I wonder if this case could be built along those lines? Granted, the guys had the option to leave the venue- but by that point the racially motivated "public humiliation" had already happened. So the option to leave is meaningless.
Personally I think to sue would be ridiculous, but it is interesting to ponder how such a case could be made.
Last edited by EE-BO; 11-25-2006 at 02:53 PM.
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