The use of Photography within the context of \"flirting\". Best answer on the web
The problem that your friend has is that these days, in the US and elsewhere, what used to be considered fun or flirting is more often now considered a type of workplace harassment.
And conduct that is funny or flirty on the movie screen, etc.
http://mohabbat.com/images/film_strip.jpg
may not come across that way in real life.
"Examples of prohibited conduct include, but are not limited to, ... display of sexually explicit pictures, greeting cards, articles, books, magazines, photos, or cartoons." http://hr.umc.edu/handbook/harassment.html
"display of sexually offensive photographs drawings or graffiti"
http://info.med.yale.edu/owm/harassment_guide.html
"nude or seminude posters, photos, cartoons"
http://www.monroecc.edu/depts/stuserv/pdf/harassment.pdf
Misconception: "Peers just just like to flirt and tease each other--no harm is meant by it." Reality: "Flirting is fine if it is wanted and mutual. Harassment by peers is different, and comes in many forms, such as teasing, unnuendo, inappropriate sexual comments, ... obscene jokes or e-mail messages, sending pornographic photos, sexist graffiti, etc." http://www.sexualassault.virginia.edu/harassment_rethinking.htm
The conduct that you describe does not sound pornographic to me, so I would place it in the gray area between flirting and harassment. "Are employees allowed to flirt on the job anymore? Can they tell off-color jokes? What happens when someone gets offended? Who decides what is appropriate, and what is not? Should employees be required to tolerate some minimal level of offensive sexual behavior within the workplace? .... The line is drawn between acceptable sexual conduct and sexual harassment where the conduct becomes unwelcome. However, as the courts continue to grapple with the definition of unwelcome sexual conduct, their decisions have not followed a predictable pattern." http://www3.uakron.edu/lawrev/robert1.html
The legal standard for flirting as harassment is that to be harassment, it must be persistent and unwelcome. http://international.udel.edu/studyabroad/faculty/know_before_you_go2.html
So in the case that you describe, I think the answer is whether the episode with the camera was an isolated event. If there was no other unwelcome talk, pictures, etc. then your friend probably will not be sued or lose his job for the behavior. But he should consider it a lesson and learn from it - - times have changed!
Search terms used:
flirt work harassment photos site:.edu
flirt work harassment photos site:.gov
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Richard-ga
The movie Gia, where Angelina Jolie tries to court her makeup artist by posing nude for her photographer
- Hammer
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