.quote author=J Boogie link=topic=116873.msg2671976#msg2671976 date=1595866892]
Question on case law and jurisprudence....
I do not follow employment law or the specifics of current, workplace-discrimination jurisprudence so my answers are general.
Legally, whose perspective is important as far as violence and discrimination goes? If we have two stereotypes here - one is a black boy from Farguson, MO and another a middle-aged white male from the same place - it is possible that the perspectives differ very much because they lived in two different worlds despite sharing the same geographical location.
Given who they are as sketched by you and the long history of invidious discrimination against blacks, it's a given that their perspectives would differ markedly.
In this case, legally, will the perspective of the black boy win out (as the "discriminated")? or the White Man who, arguably, an enabler of Systemic discrimination?
If either alleged they were subjected to workplace discrimination and the evidence supported their allegation they ought to prevail regardless of their race and would prevail if justice prevailed.
In the corporate context, I have been told that policies are designed to always take the perspective of the "worker alleging discrimination/harassment". But that may just be a risk management stance and not a legal one - hence asking.
In the interest of their employees and a workplace ambiance that conduces to cordial relations firms ought to do their best to eliminate discrimination and harassment. If firms do it only to avoid the risk of paying judgments it still has the salutary effect of enhancing collegiality.
Also, "threat of violence" is widely accepted as "violence". A kidnapper who just threatens but never touches his victim is committing violence. Thomas Jefferson committed violence even against the slaves he did not rape (and may not even have touched).
I posted a WHO definition of violence - which has this expanded definition.
Requiring kinetic action for "violence" is probably too narrow.
It is true that literalism, including mine, is constraining.
Is there any case law defining this?
As explained above I'm not sufficiently informed to answer.