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In law, a reasonable person, reasonable man, sometimes referred to situationally, [1] is a hypothetical person whose character and care conduct, under any common set of facts, is decided through reasoning of good practice or policy. [2] [3] It is a legal fiction [4] crafted by the courts and communicated through case law and jury instructions. [5]
Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), is a US labor law case in which the Supreme Court of the United States clarified the definition of a "hostile" or "abusive" work environment under Title VII of the Civil Rights Act of 1964.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. [1] [2] There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment (requiring an employee to tolerate sexual harassment to keep their job, receive a tangible benefit, or avoid punishment) and ...
President Lyndon Baines Johnson. Equal employment opportunity is equal opportunity to attain or maintain employment in a company, organization, or other institution. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity Commission, which was established by Title VII of the Civil Rights Act of 1964 to assist in the protection of United ...
[2] [3] It also requires employers to make reasonable accommodation for the religious practices of employees. [ 4 ] The employment provisions of the 1964 Act only applied to firms with 25 or more employees; the 1972 Act extended that to firms with 15 or more employees. [ 5 ]
The court case that shifted us from ‘reasonable person’ to ‘reasonable woman’ was Ellison v. Brady, 1991. This case is extremely important because it gave new meaning to the word. The new standard was behavior a reasonable woman would think was extreme enough to change the terms of employment and establish a hostile work environment. [6]
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant. [1] [2]: 554–559 [3]An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant.
The Pierce Court provided further guidance on this standard, noting, ". . . [A] position can be substantially justified even though it is not correct, and we believe that it can be substantially (i.e., for the most part) justified if a reasonable person could think it correct, that is, if it has a reasonable basis in law and fact." Id. at 566 n.2.