Sexual Harassment and Carr v. Allison Gas Turbine: Increasing the Ambiguity in Unwelcomeness Determinations

Ross L. Fink
Ann L. Canty
Robert K. Robinson

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DOI: 10.2190/70XF-AKCL-8MD7-6C7F

Abstract

The Seventh Circuit Federal Court of Appeals' decision in Carr v. Allison Gas Turbine addresses the element of "unwelcomeness" of the behavior in determining actionable sexual harassment. Apparently, the Seventh Circuit has decided that welcomed sexual harassment is an "oxymoron." This Circuit has chosen not to distinguish between acquiesce to the situation to be one of the "boys," and acceptance and participation in the questioned activities. Consequently, the complaining party can be excused for her behavior so long as she has expressed by word or deed that the questioned behavior is distasteful or offensive. As a result, the Courts logic in Carr, for all practical purposes, removes the requirement of "unwelcomeness" in establishing actionable sexual harassment.

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