[Winona Online Democracy]
This duologue is great. Obviously generating strong
opinions both on free speech and on the meaning behind
the button's message. I need to interject another
aspect to this -- one that is the real world of
workplace legal requirements that we all must deal
with.
I am not an attorney or a Judge. I am in the role of
carrying out responsibilities of an employer,
enforcing contracts and employment law. If a worker
in our office wore this button, I would have to insist
they take it off. If they refuse, I would have to
discipline them -- yes, up and and including possible
termination. Sexual harassment rules, laws, policies
and court cases require that I do this. My own job
security requires that I do this. My own protection
from liability requires this. The legal advice I have
received over the years concerning sexual harrassment
in the workplace does not allow for how I might
interpret a word, a joke, a picture, etc. It goes to
legal principles that I don't pretend to fully
understand or agree with. But, I can tell you that I
have been instructed clearly that reference to a body
part is one of the first criteria looked at in
determining a violation. And, if just one person is
offended, I must put a stop to it. So, if one person
said they were offended by this button in my office,
by law and employer policy (intended to protect from
liability), I would be requred to insist the button be
removed immediately. Again, it does not make a
difference if I am offended, if I believe it is
offensive or if 99% of the staff think it is OK. If
one person is offended, I can not allow it if the
nature of the material would be construed in a Court
to be potentially offensive. This button would be
because it refers to a body part. My point is, and I
am surprised the School hasn't raised this, is that
sexual harassment law and liability apply here.
Craig Brooks
<(©¿©)>
Craig
[EMAIL PROTECTED]
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