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- NATION, Page 63When Love Letters Become Hated Mail
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- At first, Kerry Ellison considered Sterling Gray an amiable
- pest. A fellow agent in the Internal Revenue Service's San
- Mateo, Calif., office, Gray, 45 and a married man, would often
- interrupt Ellison, 31, as she talked with colleagues. He also
- asked her out for lunch and drinks and would not be put off by
- her refusals. Then, in October 1986, he handed Ellison a note:
- "I cried over you all last night, and I'm totally drained today
- . . ."
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- Ellison, unsure about her rights, did not formally lodge
- a complaint at the time. A few days later, she traveled to St.
- Louis for tax-law training. Although Ellison told few people
- where she was going, a three-page letter from Gray arrived in
- her hotel room. ("Some people seek the woman, I seek the child
- inside. With gentleness and deepest respect, Sterling.") Ellison
- filed a sexual-harassment petition with the Equal Employment
- Opportunity Commission, which was eventually rejected because
- the love letters did not appear to violate any existing
- guidelines on sexual harassment.
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- Ellison took her case to court. "People who don't
- understand sexual harassment trivialize it," she says. Although
- the law traditionally examines behavior from the viewpoint of
- a "reasonable person," the Ninth U.S. Circuit Court of Appeals
- in San Francisco expanded that standard when it agreed last
- January that the situation merited a trial. The court
- acknowledged that a "reasonable woman" could view Gray's letters
- differently than a man would and feel threatened by them. This
- new standard, wrote the three-judge panel, "does not establish
- a higher level of protection for women . . . Instead, a
- gender-conscious examination of sexual harassment will enable
- women to participate in the workplace on an equal footing."
- Ellison's complaint goes to trial next year.
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