0F Quit'~ t'lssois of peope withADS Penn State game a homecoming for 'M' fullback 0 r *rnlt One hundred three years of editorial freedom A Arbor, g- Thursday, October 14. 1993 1993 The Michigan Daily Suprem Justices disagree over when harassment causes psychological damage WASHINGTON (AP) - The. Supreme Court tackled the sensitive question yesterday of when off-color workplace behavior becomes illegal sexual harassment. "This is not simply a hurt-feelings situation, it makes it tangibly more difficult to do the job," Clinton ad- ministration attorney Jeffrey Minear *argued in the case of a Tennessee woman who said her boss sexually Court hears Tenn. sexual harassment case harassed her. The sex-harassment case was heard by the first Supreme Court to include two femalejustices-Sandra Day O'Connor and new arrival Ruth Bader Ginsburg. The issue has received heightened attention in recent years, partly be- cause of Anita Hill's accusation dur- ing Justice Clarence Thomas' 1991 confirmation hearing that he harassed her years earlier. The high court ruled in 1986 that on-the-job sex harassment is illegal if it is "sufficiently severe or pervasive to alter the conditions of the victim's employment." 'This is not simply a hurt-feelings situation, it makes it tangibly more difficult to do the job.' Jeffrey Minear Clinton administration attorney Interpreting that standard must depend on the perspective of a rea- sonable person who is the target of alleged harassment, Irwin Venick ar- gued in behalf of Teresa Harris, who sued her ex-boss after resigning in 1987. Harris said Charles Hardy, presi- dent of Forklift Systems of Nashville, Tenn., asked her to retrieve coins from his pants pocket, suggested they start "screwing around" although he knew she was married, and asked if she won a sales contract by providing sexual favors. Attorney Stanley Chernau, repre- senting the company, said rulings that denied Harris any remedy should be upheld. "I don't think that offensive conduct automatically alters condi- tions of employment," he said. Chernau conceded that the 6th U.S. Circuit Court of Appeals went too far when it said Harris must prove actual psychological injury to win a sex- harassment case. Justice Antonin Scalia said that previous guidance is "utterly mean- ingless to me." A more sensible rule might be to require people to prove harassment harmed their performance at work, he said. Ginsburg suggested that sex ha- rassment can create a hostile work environment even when a woman continues performing well. The ques- tion, she said, might be "whether one sex has to put up with something that the other sex doesn't have to put up with." Justice Anthony Kennedy asked if a woman could prove illegal harass- ment if "there are sex-based com- ments in the workplace all'the time, among men," but they are not aimed specifically at her. "Suppose I am a male employee and I am as offended by that language as a female employee? Do I have a claim?" Scalia asked. No, Venick said, because that would not involve discrimination based on a man's sex. U.S. leaders compromise eon leaving Somalia ASSOCIATED PRESS President Clinton and Senate lead- ers struggled yesterday to avert a showdown and work out a compro- mise answering congressional de- *mands for an early withdrawal of U.S. troops from Somalia. "I think the obvious import of what's happened in the last few days is that we're moving in the right di- rection and I hope we can continue to do that," Clinton said at the White House. A leading Senate critic of the president's policy, Robert Byrd (D- W.Va.) eased his demand for with- Odrawal by the end of the year. And the White House sought to appease angry lawmakers by furnishing a report de- fining the military mission ashumani- tarian and stating emphatically that it is not open-ended. Byrd, the Appropriations Com- mittee chair, had threatened the Clinton administration with a mea- sure cutting off all funds for U.S. *forces by Dec. 31. Yesterday, he of- fered a Feb.1 deadline for the pullout. The president was sticking to his March 31 deadline, and he worked with Senate Majority Leader George Mitchell (D-Maine) and Minority Leader Bob Dole (R-Kan.) to counter any challenge, said presidential spokesperson, Dee Dee Myers. Mitchell said a resolution being worked out by Senate leaders, "which *will be generally supportive of the president's position, should pass and will pass." A U.S. presidential envoy made it clear yesterday that Washington wouldn't bargain for captured U.S. pilot Michael Durant, as his Somali captors retreated to consider the de- mand that he be freed at once. "We will not buy prisoners," said Robert Oakley, the former U.S. am- bassador to this Horn of Africa na- tion. Oakley did not rule out a U.S. rescue mission to free Durant. But he hinted that Durant's ordeal was al- most over. Somali fighters seized the chief warrant officer after his helicopter- was shot down during a fierce Oct. 3 battle that killed up to 18 U.S. sol- See SOMALIA, Page 2 THE LONG WALK HOME -f -- - '~4 Dental dean to help 'U' adjust to Bylaw 14.06 By NATE HURLEY DAILY STAFF REPORTER The University is one step closer to finding out how the newly amended regents' Bylaw 14.06 will affect Uni- versity departments, groups and or- ganizations. J. Bernard Machen, Dental school dean, was selected last week to chair an 11-member committee that will examine how the bylaw -- which now prohibits discrimination against homosexuals among other groups - will apply to certain parts of campus. "I don't know Dr. Machen well, but I think he's been doing very good things at the Dental school," said Regent Laurence Deitch (D- Bloomfield Hills), one of the regents who proposed the amendment. "The deans had previously pro- vided leadership in changing Bylaw 14.06. They supported it unani- mously," he said. Supported by Deitch and Regent Rebecca McGowan (D-Ann Arbor), the amendment passed, 7-1, at the Sept. 24 meeting of the University Board of Regents. In the amendment, the regents in- cluded a provision for a committee to examine specific areas where the by- law may or may not have an effect. Those areas are "employment ben- efits, family housing, financial aid packages and student residency sta- tus." McGowan said the regents have left the setup of the committee and the implementation of the bylaw to the administration. "We left it to the president to imple- ment that resolution. Clearly, he's See BYLAW, Page 2 Joan Anderson and Jean Debbink, Ann Arbor residents, go for a early morning walk over the bridge between the Arb and Gallup Park yesterday. Hang helps Asian students with energy, programs Asian American rep. learned to exist between cultures when he moved from Laos to Frankenmuth By SARAH KIINO DAILY STAFF REPORTER At first glance, it looks innocuous enough. It is a plain white mug with red trim and the name "George" writ- ten across the front. In fact, it prob- ably would go completely unnoticed and ignored if it did not live on the desk of a man named Yee Leng Hang. Hang, the Minority Student Ser- vices (MSS) Asian American Repre- sentative, said the story of the mug, or rather the name behind it, begins dur- ing childhood in Frankenmuth. El- ementary school classmates began calling him George and the name stuck. "It's a hassle you have to go through if your name isn't Ameri- can," Hang said. "People don't bother to take the time to learn your name." For Hang and his family, Frankenmuth signaled the end of a journey that began in Laos, where Hang was born. His father was an officer in the Royal Army when Laos fell to communist rule in 1975. The family fled to Thailand, where they spent the next year in a refugee camp, moving to Frankenmuth when Hang was nine years old. Hang and his family moved to Frankenmuth with the help of church sponsorship. He said although now there are 60-70 families of Hmong ethnicity living in the Frankenmuth area, there were only two when he was growing up: his family and his uncle's family. Although Hang's nationality sometimes caused him to be a target of racial prejudice in Frankenmuth, he said it is important to not let others' insensitivity get in the way of one's goals. "I had my share of discrimina- tion," he said, "but I didn't let that stop me or be an obstacle. You do what you have to do." His personal history helps him to look at America from more than one perspective. "My experience is unique ... be- cause I still have memories of living in different cultures," he said. "I am seeing America from a refugee's point of view and also as a citizen. ... See- ing myself as a part of America re- minds me of the founding fathers and the land of opportunity. Everyone is equal, and if you do your part you can make society a better place. "I also see people take things for granted in this country. They don't appreciate what they have," he added. Hang acknowledges his parents as being his strongest role models when he was growing up. "They gave up everything. They had come to the U.S. with no money, worked long hours and were sepa- rated from their families. ... I admire them for their strength, courage and positive outlook on life." Hang said his parents put all eight of their children through college. Hang graduated from Michigan State University, where he held a po- sition roughly equivalent to the Mi- nority Peer Advisor job at the Univer- sity. Although his MSS position, which he has held for four years, is his first professional position, his experi- ence at Michigan State helped pre- pare him for the job. "It helped me build my profes- sional skills, and allowed the oppor- tunity for personal growth," he said. It also served as a medium for him to become acquainted with other ethnic groups. Hang's job at MSS is made up of many responsibilities. He helps coor- dinate cultural, social and educational programs at the University, and acts as a liaison between the University and the outside community. He also acts as a resource for students, giving resource referrals and acting as an advisor. "It's rewarding to see the students and programs succeed, and to see students excel in pursuit of careers. You somehow had an impact on their success. You made a difference," he said. "You only live one life. You live the best you can and make someone else's life better." Students who workwith Hang said their experience with him has been positive. Varisa Boriboon, program- ming coordinator for the University W W r Hang of Michigan Asian American Student Coalition, said Hang goes beyond the call of his job to help students. "He goes out of his way to make sure things go right for us, and make sure the school doesn't step on us," she said. "He's very much a friend to everyone of us." See HANG, Page 2 The U.S.S. Harlan County and Fairfax County, both of which have been ordered to Haiti, are Newport Class Tank Landing Atlantic Mla nI Ocean Haitian Cedras leader agrees to step down PORT-AU-PRINCE, Haiti (AP) likely to be accepted by the United As part of the agreement, Aristide -The chief of Haiti's military prom- Nations. Cedras led the army in a decreed an amnesty for officers ac- I i