Was the Trump Recording Sexual Harassment?

by Evil HR Lady on October 12, 2016

As you’ve probably heard, audio from a 2005 conversation between Donald Trump and Billy Bush surfaced recently. In that, we can hear Trump saying some extremely inappropriate things. I’m going to stipulate that what he said was inappropriate and offensive and that there is no question as to that, but could the bosses at Days of Our Lives (where Trump and Bush were headed), Access Hollywood (Bush’s employer) or Trump’s company itself be held liable for sexual harassment?

I’m not a lawyer, and I don’t pretend to be one, so this isn’t legal advice, but here we go.

For illegal sexual harassment to occur, two things have to happen. First, someone has to be offended, and two, a “reasonable person” would have to be offended.

To keep reading, click here: Was the Trump Recording Sexual Harassment?

{ 15 comments… read them below or add one }

grannybunny October 12, 2016 at 4:34 pm

The recording and the conversation themselves weren’t sexual harassment, but the conduct described in the recording would be considered sexual harassment or sexual assault.

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Cbahl October 12, 2016 at 4:45 pm

Right on, grannybunny – I don’t think anyone is saying his conversation was harassment – but the actions he actually said he did were assault.

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Mildred Gouveia October 12, 2016 at 4:54 pm

No. Trump was referring (in what he believed was a man 2 man confidential private manhood bravado talk) to what he does as a result of being a “celebrity ” wealthy man where women gladly and with pleasant consent aka “groupies” let him do what he wants. Including touching their ps. It’s a fact of life. It happens all day long to athletes, rock stars, movie stars. So Trump was being Trump and was just being honest-what a novel idea! Honesty, something #CrookedHillary doesn’t know if it hit her in the face #Wikileaks While back stabber Billy Bush was just trying to help family member “low energy Jeb” get back at Trump for tearing him down. FYI It’s being revealed these losers: Ryan, Jeb, MSM, Clinton Camp had their hands all over the leak. It won’t work in the end. Trump is still going to win. By a Latina for Trump. Palante senor Trump! Para tras ni pa cojer impulso- as my dear late mom and Trump supporter would say. 🙂 Love you mom keeping the faith and the fight. #PresidentTrump

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J.B. October 12, 2016 at 10:18 pm

The men who talk like that really ought to consider how they talk about women even when they’re not in the room. My husband was shocked!!! There are certainly a**holes across the political spectrum. Bill Cosby and Ghomeshi (in Canada) certainly had the same entitlement and his bill has come due. Bill Clinton was kind of all over the news a while ago…

I hope times continue to change and that this behavior generally is no longer tolerated. I hope you don’t think that’s an ok way to talk about women ever!!!

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J.B. October 12, 2016 at 10:20 pm

*their bills

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Elizabeth West October 13, 2016 at 8:31 pm

Clearly Mildred has swallowed the Kool-aid of lies. You’re wasting your time–she’s already succumbed.

I hope the same thing, though. No one, male or female, should have to put up with this kind of [squid poo], at work or elsewhere.

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J.B. October 14, 2016 at 3:25 pm

I will be sure to use squid poo in a conversation at some point 🙂

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Keith M October 13, 2016 at 12:52 am

I concur, and also, whatever happened to certain things staying behind closed doors. I really am sick of hearing about every lewd comment someone makes.

It’s also annoying because HRC and some others don’t get called out for some comments that equally as damaging. For example, during the debate this weekend, HRC had no solution for ObamaCare being expensive. That is something that actually impacts people I know. Not something someone said 11 years ago behind closed doors.

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Anon today October 13, 2016 at 7:11 pm

I am not a Trump fan and there are plenty of things he has said that are truly unbelievable and abhorrent, but I agree that he wasn’t describing assault. He was describing what fawning celeb lovers allow.

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J.B. October 14, 2016 at 3:54 pm

I’ve thought about this before posting but this needs a response. I assume that you are male. As a female person, when I am surprised in the moment my first response is escape, avoid, keep safe. These have clearly been not just words but actions (plenty of reports existed before the recording came out and others after.) I hope you don’t ever speak about women that way, even amongst men. If you do, please stop and consider whether you really consider women inferior to men.

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Anon today October 17, 2016 at 6:19 pm

I am female. I was not referring to the universe of things that Trump has said and done, or allegedly said and done. I am also not defending the level of vulgarity in these comments in particular. I am only saying that I did not hear a description of assault.

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Jeanne October 12, 2016 at 7:39 pm

I think for it to be legal sexual harrassment, the person being harrassed has to actually hear what is said. I don’t think that happened here.

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Roger Rabbit October 12, 2016 at 10:25 pm

I think it sad that Billy Bush is “technically fired” (1) for trying to play nice to a guest on the show, whist the Orange Hitler sloughs it off like it was nothing and just “locker room talk.” At the same time professional sports teams have said “That’s not our locker room talk” (2).

From personal experience, I have heard people say inappropriate things, but most certainly nowhere near as explicit as Orange Nero did. Even though in some cases I was able to walk away that did not change the person and they continued to act that way.

I feel sorry for Billy Bush and am even more furious at you know who.

Note 1: https://pagesix.com/2016/10/11/nbc-insiders-say-billy-bush-will-be-fired/

Note 2: http://abcnews.go.com/Sports/wireStory/athletes-trump-locker-room-talks-42713238

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Roger Rabbit October 13, 2016 at 3:47 am

And now there are people coming forward, BIll Cosby style (3), so the question on sexual harassment is moot. It is.

Note 3: https://www.washingtonpost.com/news/post-politics/wp/2016/10/12/two-women-accuse-trump-of-unwanted-sexual-touching/

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Anonymous October 14, 2016 at 1:08 am

I don’t think what he said to someone in private is in and of itself sexual harassment, but surely walking in on underage women changing, is? I don’t think anyone (excepting someone it happened to) can directly tie what he said to a specific incident, but, it sure as heck shows how he feels about women. and saying that the person it happened to has to be upset for it to count, sounds weird. so if i am okay with being beaten by my partner, for whatever reason, that is okay? we are saying that women ‘fawn over him’ and therefore they deserve to be ‘grabbed by the ps’ or ‘kissed’ without consent?

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