[Winona Online Democracy]
You raise a good point Terry and one I (luckily) haven't had to deal with. I will check further next week. But, for now I can say that if an employee were offended by sexual related jokes, pictures or actions, I would have an obligation to do something to stop what could be construed to be sexual harassment. That may be not requiring that employee to stay in that vicinity and allow them to remove themselves. It may be to ask the 'client' / member of the public / customer to leave or stop the offensive behavior. Until I knew I could legally do the second, I would first have the offended employee go someplace else and ask that a supervisory staff handle the visitor. (yes -- that supervisor has the same rights as well so it would move up the ladder.)
From what I understand about sexual harassment court cases, once an employee (or I would guess a student) complains of being offended, the School had no choice but to act to stop the offensive behavior.
Craig Brooks
Terry Angst <[EMAIL PROTECTED]> wrote:
Terry Angst <[EMAIL PROTECTED]> wrote:
[Winona Online Democracy]
Craig
You based your post on a "worker" wearing the discussed button. What
would be the ramifications of a "client" entering the office wearing the
button?
Terry Angst
Craig Brooks wrote:
>[Winona Online Democracy]
>
>This dialog 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 harassment
>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 required to in sist 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
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Craig
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_______________________________________________ This message was posted to Winona Online Democracy All messages must be signed by the senders actual name. No commercial solicitations are allowed on this list. To manage your subscription or view the message archives, please visit http://mapnp.mnforum.org/mailman/listinfo/winona Any problems or suggestions can be directed to mailto:[EMAIL PROTECTED] If you want help on how to contact elected officials, go to the Contact page at http://www.winonaonlinedemocracy.org
