Herman Cain

Herman Cain, Truth, Justice and Women

We have all seen the stories about Cain and sexual harassment, heard the witnesses and their attorneys and we have heard Herman Cain's rebuttal. What really bothers me is-- I like Herman Cain.

I like his direct, forthright manner, his lack of political aplomb and his willingness to answer questions with something that appears to be a genuine, accommodating reply to the question asked. I am always shocked when he answers simply and plainly. I have been trained through many years of watching politicians and attorneys on television do the "avoid, distract and deny" dance with reporters to expect self-serving responses.

You have seen politicians answer questions -- they don't answer if the question has any possibility of being detrimental to them and/or if they simply have no clue to what the reporter is referring. In the politicians (not all - we have some statesmen/women) way of perceiving the world, if they don’t understand the questions there is always that minute possibility it might blow up in their faces. They don't say, "No, I don't know the answer" either. They distract, avoid, deny and use vague references that have absolutely no meaning to anyone alive today. Cain is refreshing.

I don't know if Herman Cain has done anything that could qualify as sexual harassment. Let's be certain we understand the legal definition of sexual harassment as defined by the EEOC: Courts and employers generally use the definition of sexual harassment contained in the guidelines of the U.S. Equal Employment Opportunity Commission (EEOC). This language has also formed the basis for most state laws prohibiting sexual harassment. The guidelines state:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,
2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. (29 C.F.R. § 1604.11 [1980])

A key part of the definition is the use of the word unwelcome. Unwelcome or uninvited conduct or communication of a sexual nature is prohibited; welcome or invited actions or words are not unlawful. Sexual or romantic interaction between consenting people at work may be offensive to observers or may violate company policy, but it is not sexual harassment.

As you see, the EEOC leaves much to the individual interpretation of the parties and organizations involved. An off color joke, an enthusiastic compliment of someone of the opposite sex by an employer or supervisor could be construed as sexual harassment by the recipient of the behavior. One question the National Restaurant Association (NRA) should answer is - was Mr. McCain chastised and required to take sexual harassment sensitivity training? If not, why not? If it happened twice, there is a pattern of real or perceived harassment.

Have you ever been the victim of sexual harassment - I have. Sexual harassment feels dirty and humiliating. To be fair, I have also been accused of misdeeds (not sexual harassment) that were untrue - having to defend one's self against unfair allegations is agonizing and frustrating. I would never want any woman-- or man-- exposed to degrading sexual harassment or unwarranted accusations.

Perhaps, because Mr. Cain is in from a different generation from the ladies involved (not including Sharon Bialek - there can be no misunderstanding if her story is accurate), his perception of what is acceptable today may be quite different from the women who are accusing him. We will have to wait and hear what the women have to say as they come forward and clearly, unequivocally state what Mr. Cain said and what he did.

Karen Kraushaar, a credible accuser, has suggested that the women combine their efforts and state their charges in one interview. This would be a very effective way to move forward with these allegations and allow the public to decide if Herman Cain has sexually harassed his accusers.

I am waiting pattern until I hear more.