Case Question 1
Is the fact that the sex-related conduct by an employee and her supervisor was “voluntary” a defense to a sexual harassment charge?
According to the article, while “voluntaries” in the sense of consent is not a defense to such a claim, it does not follow that a complainant’s sexually provocative speech or dress is irrelevant as a matter of law in determining whether he or she found particular sexual advances unwelcome. The correct inquiry is whether respondent by His or her conduct indicated that the alleged sexual advances were unwelcome, not whether her actual participation in sexual intercourse was voluntary (Twomey.