Someone else brought this up too which is why I originally was asking. I had to watch one of those anti-sexual harassment training videos at work. If I remember correctly, the dialog they used was “Remember, regardless of what you intended, the perception of what you said matters more” and they were talking about saying lewd things to coworkers.
So the person saying it doesn’t find it to be sexual harassment to just say something lewd to someone, but someone else could hear it and perceive it as sexual harassment and the intent would just go out the window because it was perceived to be harassment.
You’ll find bullying is treated in a similar way - the perception of the person who heard or experienced something is significant, the intent of the person who said or did something much less so.
On the other hand, one could be misleading and mistaken by giving out incorrect information, but one could be lying if they are knowingly giving out incorrect information… (intent)
Here’s some further reading on intent as it relates to criminal law if you’re interested.
Any legal problems regarding sexual harassment at the workplace would, for one, be in civil proceedings, not criminal, which typically don’t require intent, and most importantly, almost certainly be the (legal) problem of the company and not you. You probably aren’t going to personally get sued because you made an off-color joke in front of the wrong person, but the company can absolutely get sued for having a hostile workplace under a variety of laws, for which your personal intent is entirely irrelevant.
Someone else brought this up too which is why I originally was asking. I had to watch one of those anti-sexual harassment training videos at work. If I remember correctly, the dialog they used was “Remember, regardless of what you intended, the perception of what you said matters more” and they were talking about saying lewd things to coworkers.
So the person saying it doesn’t find it to be sexual harassment to just say something lewd to someone, but someone else could hear it and perceive it as sexual harassment and the intent would just go out the window because it was perceived to be harassment.
The key word is “some”.
You’ll find bullying is treated in a similar way - the perception of the person who heard or experienced something is significant, the intent of the person who said or did something much less so.
On the other hand, one could be misleading and mistaken by giving out incorrect information, but one could be lying if they are knowingly giving out incorrect information… (intent)
Here’s some further reading on intent as it relates to criminal law if you’re interested.
Any legal problems regarding sexual harassment at the workplace would, for one, be in civil proceedings, not criminal, which typically don’t require intent, and most importantly, almost certainly be the (legal) problem of the company and not you. You probably aren’t going to personally get sued because you made an off-color joke in front of the wrong person, but the company can absolutely get sued for having a hostile workplace under a variety of laws, for which your personal intent is entirely irrelevant.