"I was just joking, she seemed to smile, she never told me it was offensive.
In order to analyze the statement above we must first determine the degree to which the initial action/statement was questionably unreasonable. First I am going to set factors concerning the two parties involved in the implied incident, in order to determine whether the defense is justified by Altman's account. .
a) Bill, a male employee of Company inc.,made the statement above to defend a remark he had made to a co-worker. .
b) Mary, a female, was the recipient of Bill's remark in question. .
c) Bill and Mary are of equal rank in Company inc. .
d) Bill and Mary's relationship is nothing more than that of co-workers (i.e. they have a "business friendship", that does not extend outside of work either sexually or platonically.).
Assumming that Bill's remark would not be considered by your average person to be outright unreasonable, or inappropriate, Altman would consider Bill's defense legitimate. By saying "outright unreasonable" I am implying that Bill's remark was not, for example, a vivid, and lude description of sexual fantasies he has about mary. Rather Bill's remark was more subtle; For example he may have made a joke about an outfit that Mary was wearing. According to Altman Bill's defense is valid, if Bill, can show or convince a court that "he reasonably believed that his statement was not unwelcomed." Altman would argue that Bill has done so by stating that Mary smiled, and did not seem to find the remark offensive. On top of Bill's defense, Altman would also argue the one "questionably offensive" statement could not possibly affect Mary's job performance, reputation, or prospects. Although Mary's decision to report the incident would not be considered unjustified, even though it was only one incident. Altman's guidelines would agree that this particular situation has the potential to creat a hostile and damaging work enviroment.
